So long as you follow its instructions for operation, every product you purchase in a retail setting should be reasonably safe to use for its intended purpose. Unfortunately, various types of products, from motor vehicles to furniture, and especially children’s toys, commonly reach the market with dangerous defects that end up causing significant physical and financial harm to customers.
What Kinds of Product Defects Could Justify Litigation?
There are numerous product defects that could impose liability for ensuing injuries onto the manufacturer(s) of that product, each of which stems from a different stage in the production process. A knowledgeable product liability attorney in the area could go over these defects in further detail and help determine which type of defective product claim applies.
First, a product that has a design defect is inherently dangerous due to its design, such as a lawnmower with a blade that scrapes against its external guard and creates dangerous sparks. Importantly, under Texas Civil Practice and Remedies Code §82.005, a claimant filing suit over a design defect must be able to prove that a safer alternative design existed that was financially and technically reasonable for the defendant manufacturer to use at the time they designed the product in question.
Second, a product with a safe design that was assembled incorrectly or in some way that made it inherently unsafe to use normally has what is known as a manufacturing defect.
Finally, a safely designed and manufactured product may still have a marketing defect if it is not packaged with appropriate instructions for operation and warnings about potential dangers associated with normal use.
