Product manufacturers are subject to liability under state and federal law for defects in their products. In Texas, there are three actionable types of product defects. Each one of these claims can be complex, and therefore requires experienced products liability attorneys to handle them.
Failure To Warn
All manufacturers and suppliers of goods have a duty to warn of any danger from the intended or unintended (but reasonably foreseeable) use of their products. This duty also extends to include anyone who could reasonably be harmed by the use of the product. The duty to warn is rather broad, but it can generally be thought of as necessary when: (1) the product is dangerous, (2) the manufacturer knows or should know about the danger, (3) the danger is present when the product is used in the usual and expected manner, and (4) the danger is not obvious or well known.
Some products are inherently more dangerous than others. Things like power tools are obviously dangerous, but that doesn’t mean they are defective. A defective design is one that exposes the consumer to the unnecessary risk of injury or death. Product liability claims of this kind can get extremely technical and will often require subject matter experts to determine liability.
Products with safe designs can become defective during the manufacturing process. Sometimes a manufacturer will deviate from the design, rendering the product unsafe; however, this generally only yields a few defective products and these claims can be much more difficult to establish liability.
Defending Against Products Liability Claims
Even if a manufacturer adheres to all applicable laws regarding product safety, litigation can still arise. Many baseless claims are made against manufacturers after a consumer is injured or killed; however, just because a consumer is injured using a product doesn’t mean the manufacturer is at fault. When faced with any type of product liability claim, manufacturers need to immediately contact experienced attorneys.
Experienced Products Liability Attorneys
The experienced products liability attorneys at MehaffyWeber understand the unique legal issues and liabilities manufacturers face. Our firm has over 70 years of experience helping companies succeed through complex litigation. We aggressively represent our clients’ interests in courts across Texas and around the United States. Contact us today for a consultation with one of our products liability attorneys.