Allen Defective Products Lawyer
Every company that manufactures or supplies goods to the public owes a duty to ensure the items they market are safe. From medical devices to lawnmowers, the manufacturers of these commodities can be held legally liable for harm caused by their faulty products.
If you or someone you love sustained harm from a defective product, you could benefit from a discussion with a seasoned injury attorney. Your Allen defective products lawyer could prepare your claim and provide you guidance through every step of your legal action.
What are the Different Types of Product Liability Claims?
There are different paths for an Allen attorney to pursue a defective products lawsuit. Not all defects are the same, which requires a consumer’s legal counsel to identify the exact cause of their injury. These claims fall into three general categories of defects: design, manufacturing, and marketing.
In some cases, a product could be dangerous due to a mistake during the design process. These claims involve products that are dangerous even when manufactured correctly according to the design specifications. A design could be defective due to a careless effort by the designer or the inability to reasonably identify a safer alternative.
Other defects result from mistakes during the manufacture, transport, or sale of a product. One of the most common examples involves a product that is not manufactured according to its design. Other defects could occur due to mechanical failures or human error during the manufacturing process.
Defecting marketing—also known as the failure to warn—involves issues not with the product but with the label or instructions that come with it. A central part of defending against these claims is establishing that the consumer did not use the product as intended. If the instructions or label included with the product do not adequately explain the risks associated with the product, it could be impossible for the consumer to use the product correctly. For that reason, a claimant could pursue a successful product liability claim even if the defendant is able to establish the consumer did not use the item as intended.
Are There Limitations to Claims Involving Inherently Unsafe Products?
There are limitations under state law regarding the pursuit of a defective product claim involving inherently unsafe products. However, this limitation covers a very specific set of items that are intended for human consumption. This limitation on defective product claims is governed by Texas Civil Practice and Remedies Code §82.001.
According to the statute, in Texas the manufacturer is not liable for faulty product claims for the effects of the following consumable products:
- Castor oil
This limitation only applies to products that a person with ordinary knowledge could understand may be dangerous. Even then, there is an avenue to pursue claims involving these items under certain circumstances. A product liability lawyer in the area could pursue a claim if it is based on defective manufacturing or the breach of an express warranty.
Reach out to an Allen Defective Products Attorney Right Away
If you have sustained an injury due to a faulty or unsafe product, you are likely facing financial burdens in addition to substantial physical and emotional pain. You deserve to be fully and fairly compensated for the losses you have suffered.
By working with an Allen defective products lawyer, you could hold the negligent manufacturing company accountable and recover the financial recourse you need. Call today to begin discussing your case.