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  • Writer's pictureClinton Morgan

What Is A Product Liability Claim?

Updated: Aug 17, 2021

According to the United States Consumer Product Safety Commission, close to thirty million Americans are injured by unsafe products every year and over twenty thousand lose their lives. That’s why the state of Texas allows people injured by unsafe products to sue the responsible parties for money damages to compensate them for their economic and noneconomic losses. If you’ve been injured by any type of product, it’s important to speak to an experienced Houston product liability attorney as soon as possible to find out whether you have a viable case. Product liability cases are complicated, so it’s important to hire an attorney that’s not afraid to take on big corporations on your behalf - call (713) 969-5026 to schedule a free consultation.

Types of Product Liability Claims

Businesses that design, produce, distribute and sell products have a duty to make sure that their merchandise is safe if you use it as directed. When they breach this duty, they are liable for money damages payable to injured persons. There are three basic types of claims that can be made against the responsible parties when you’re injured by a product such as a car, a dishwasher, a toy, cosmetics, or food:

  • Design Defects are the result of negligence in the way the product was conceived and developed. For example, an SUV is designed with too high of a center of gravity and rolls over on curves, a toy that has a sharp part that is causing injuries, or a house that collapses because the architect did not provide plans with proper support. In such cases, every copy of the product will be defective because the product, when produced as intended, is inherently dangerous.

  • Manufacturing Defects are errors that are made during the production of the product. For example, a machine in the factory was out of alignment causing the engines built during a certain period of time to catch on fire, or a chair with legs that collapsed because it was built with defective materials.

  • Marketing Defects are when the product is safe if used properly, but the instructions do not adequately explain proper usage and/or the dangers associated with the product. For example, a floor cleaner that doesn’t warn that it’s harmful if swallowed or a paint thinner that doesn’t clearly state that it’s flammable.

For example, if you were injured by a pharmaceutical product that was tainted with chemicals that seeped in due to a defective mixer, you would have a product liability claim due to this manufacturing defect. If the drug itself is causing everybody that takes it to have a rapid heartbeat, it’s been designed improperly. If the drug is safe unless it is taken with grapefruit juice, and they fail to warn of this interaction, the claim is for a marketing defect.

How A Houston Product Liability Lawyer Can Help You

The best way to get your products liability case off to a great start is to speak to an experienced Texas product liability attorney as soon as possible so that deadlines are met and evidence is preserved. Victims of unsafe products are entitled to collect compensation to pay for hospitals, doctors, therapists, home health care, accommodations for their home/vehicles, prosthetics, lost earnings, lost business revenue, lost future earning capacity, and pain and suffering. If your injuries are severe or catastrophic, collecting a large amount of money for your claim is the best way to access the state-of-the-art medical care that’s needed to give you a new lease on life. The Morgan Legal Group takes on the insurance companies and big corporations on your behalf - call (713) 969-5026 to schedule a free consultation.

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