Any product that you buy or receive should be safe to use. Unfortunately, this is not always the case.
Defective products lead to hundreds of injuries and wrongful deaths every year. If you or someone you love was hurt or killed by a faulty product, contact the personal injury attorneys at the Hernandez Law Group, P.C., today. We have experience litigating many personal injury cases, including product liability cases. Contact us today to schedule a no-obligation consultation for your product liability case.
Understanding Product Liability in Dallas, Texas
Manufacturers, distributors, and retailers are all responsible for making sure that a product has no flaws. When one or all of these parties allow a defective product to be placed in the hands of a consumer, it falls under the doctrine of product liability. If a person gets hurt by a defective product, they may be able to bring a lawsuit against the responsible party.
The United States recognizes three types of product liability claims: design defect, manufacturing defect, and failure to warn.
Design Defects in Dallas Product Liability Cases
Design defect product liability claims are based on the assertion that the product was made according to design, but there was a flaw in the design. This type of product liability is typically easier to prove because it isn’t just one product that was flawed, but the entire line of products. The most common types of design defects that have occurred in recent years are as follows:
- Defects in a vehicle: airbags are prematurely exploding
- Defects in a line of electric blankets: electrocuted users as soon as they were turned on
- Defects in a line of cellphone batteries resulted in them exploding when overheated
How Do I Prove Design Defect Product Liability
When it comes to taking a design defect product liability case to court, there are a few things you need to know:
- There has to be evidence that there was a defect in the product that caused the accident
- It needs to be proven that the accident from the design defect resulted in injury.
In other words, if you use a product correctly but it’s designed poorly and therefore injures you, then you may have a claim for compensation under product liability law. However, some defects are not as easy to prove. Defects with cars that become apparent in an accident can be tricky to prove. This is why you need an experienced Dallas product liability attorney on your side. Allow us to investigate and get the right evidence to show that the defect in the vehicle caused your injury and ensure that you get the compensation you deserve.
Manufacturing Defects in Product Liability Claims
Manufacturing defect product liability claims occur when the product is designed safely, but it is not created or assembled correctly during the manufacturing process. This is usually the result of the following conditions:
- A machine that doesn’t produce parts up to the proper specifications
- A piece of machinery breaking and releasing metal shards into the product
- Workers not following the correct assembly instructions
One of the most infamous manufacturing defect liability cases involved Blue Bell in 2015. The equipment that Blue Bell used to manufacture its ice cream was tainted with Listeria, leading to its ice cream being tainted. Ten people got sick due to the Listeria outbreak, three of whom eventually died due to their illness.
Proving Manufacturing Defect in a Dallas Product Liability Case
To prove that you are dealing with a manufacturing defect, you have to be able to show evidence that your accident was caused by the defect and not by your own actions. For example, if a bicycle was made without the brakes being properly connected and you get into an accident, it needs to be shown that the lack of brakes caused the accident and not poor riding skills.
Failure to Warn in Dallas Product Liability Cases
In a failure to warn product liability case, the manufacturer failed to give proper warning or provide proper labeling about the dangers of the product. This includes:
- A child’s toy with small pieces that are not labeled as choking hazards
- Medication that does not list all of its potential side effects
- A chemical that does not warn about the dangers of breathing it in
A failure to warn case was brought against Glade & Grove Supply, Inc. in the 1990s. The plaintiff claimed that the company did not provide adequate warning that a tractor should have a lockout pin in place when traveling at high speeds. This failure to warn led to the death of Daniel Brown.
Proving Failure to Warn in Product Liability Claims
In a failure to warn case, the plaintiff must prove that a warning label lacked a proper warning about the dangers of the product. Even if the manufacturer did attempt to warn about an inherent danger of the product, confusing wording or improper label placement may lead to the case being ruled in the plaintiff’s favor. The plaintiff, additionally, must show that the failure to warn is what led to the accident that caused their injuries.
What Is Strict Product Liability?
Most of the time, product liability cases will fall under the doctrine of strict liability. This doctrine states that a defendant can be held responsible for an act of negligence, regardless of their intentions. In other words, if the defendant meant to produce a safe product and didn’t know there was a flaw in it, they can still be held liable if someone gets injured. Strict product liability cases can be brought against manufacturers, distributors, and/ or retailers.
Understanding the Guidelines for Proper Packaging in Dallas Product Liability Cases
Not many people spend time thinking about the packaging of the products they buy. Most of us are more concerned with the actual product itself. When it comes to businesses, however, packaging design is a huge industry nationwide and internationally.
Packaging, like every product, must meet certain criteria to be approved for manufacturing and used to store/protect a product for distribution. They must meet the following guidelines.
- Be easy to open and close (for adults)
- Be free of overly sharp edges
- Have ample warning about potential choking hazards due to small parts, such as packing peanuts
- Be easy to handle
- Made of material that is easy and safe to dispose of in either recycling or the trash
- Packaging for sharp or potentially hazardous materials should be guarded to protect the consumer from avoidable injuries
- Include complete instructions for assembly or usage
- Age restrictions should be included on the packaging for products that are not made for children
How Can Packaging Be Defective?
While it is certainly not as common as a defective product, defective packaging can lead to serious injuries. For example, if an individual bought a new knife set for their child who just moved into their first apartment, one would expect all of the knife blades to be protected by a guard. However, if the knife blades failed to have a guard placed on them, then the individual opening the box may cut their hand open on one.
Another common packaging error that leads to serious injury is medicine being packaged in the wrong container. This happens more often than people think and has led to serious illnesses and allergic reactions for patients over the years.
Failure to Warn on Packaging
Not all packaging defects are due to failure to include protective guards or improper packaging. The packages themselves may be poorly designed by failing to warn consumers of possible dangers from the product. One of the most infamous examples of this is the product liability case against McDonald’s due to their coffee cup packaging failing to warn consumers of the hot beverage.
Products and their packaging need to have ample warnings and words of caution about the potential dangers of a product. Failing to include these can result in the consumer not realizing the potential for danger and lead to an accident that could have been prevented. Failure to warn is one of the biggest culprits of product liability accidents.
What Happens If a Product I Bought Is Recalled?
There are a couple of steps you should take when a product you have bought has been recalled.
- Don’t use the product: Whether it is a food item, a vehicle, or an everyday household item, the most important step is to not use the item in question, even if you have been previously using it with no issue.
- Check the manufacturer or agency website for information on the recall: When a recall becomes available on a product, the manufacturer or seller has to have a plan to ensure that the defective items are handled properly. The agencies or the manufacturer will provide detailed instructions on whether the product needs to be fixed, replaced, or disposed of and refunded. You can always call the toll-free number for the Consumer Product Safety Commission to get this information.
- Auto Industry Recalls: Cars that are recalled are often asked to be brought into the dealership to be repaired at no expense to the owner. This is true for used cars that have not been bought by the dealership. You can look up the vehicle’s VIN to check if there are any current recalls on your car.
- Household Product Recalls: Household products are typically brought back to the store for a refund, or you may need to send the defective product back to the manufacturer.
- Food Recalls: With food recalls, no refund or replacement will be given. If you or a loved one has been affected by contaminated food, it is important to bring that food item to your doctor for testing to ensure that it was the food that made you ill. If so, you need to contact a food poisoning attorney to see if you can get compensation for medical expenses.
- Product Recalls: In rare cases, the recall will feature special instructions as to the safe disposal of a defective item. For example, in 2018, Samsung released special instructions on how to dispose defective phone batteries.
Resources for Recall Information:
- The Food and Drug Administration
- United States Consumer Product Safety Commission
- Texas Highway Traffic Safety Administration
- Texas Recalled Products and Hazardous Consumer Products Registration
Experienced Product Liability Lawyer in Dallas, Texas
If a faulty product hurt you, you deserve compensation for your medical bills, pain and suffering, and other damages. The attorneys at the Hernandez Law Group, P.C. will help you get the compensation you deserve by bringing your product liability case to court. Juan Hernandez is the best choice to litigate your case; he has received board certification to practice personal injury law in Texas. Only 2% of attorneys have this certification. Contact our office today and we’ll set you up with a no-cost, no-obligation consultation.