What are the Different Types of Product Liability Claims?

There are different paths for a skilled 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.

Defective Design

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.

Defective Manufacturing

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.

Defective Marketing

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.

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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:

  • Oysters
  • Sugar
  • Castor oil
  • Alcohol
  • Tobacco
  • Butter

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 proactive product liability lawyer in Allen could pursue a claim if it is based on defective manufacturing or the breach of an express warranty.

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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.

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Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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