What To Do When You Are Harmed By A Defective Product
Every day, people use countless products to navigate their lives. From the alarm clock that wakes you up in the morning to the car you drive to work to the prescription medications you take, these products typically make your life easier, better and safer. When a product is defective, however, it can cause serious harm. Designers, manufacturers and distributors have a certain responsibility to keep consumers reasonably safe. When they breach this duty, they have acted negligently. If you were harmed as a result of using a defective product, our firm can help you hold the negligent parties liable. The Dallas product liability lawyers at Guerrero Law have more than 40 years of combined legal experience. Our team comprises seasoned trial lawyers who are not afraid to aggressively advocate for you.
How Can Products Be Defective?
Defective products are not simply products that do not work. By law, a defective product is one that poses unreasonable risks to the user when it is used correctly. It is important to note that “using a product correctly” means using it as it is intended to be used. In other words, if you are injured by a product while using it for some other purpose than its intended use or by a product that you have altered in some way, it is not necessarily a defective product.
A product can be defective in three main ways:
- Defective design: A product has a design defect if there is a flaw in its original design, making it inherently dangerous for consumers. This means that even if the product is manufactured perfectly and includes the proper safety warnings, it still poses an unreasonable risk to users.
- Defective manufacturing: Defective manufacturing occurs when an error is made during the production stage. A product might be designed well and marketed properly, but a mistake in manufacturing can lead to consumer injuries. In such cases, only the specific products with the manufacturing defect are dangerous.
- Defective marketing: Defective marketing refers to any time a product lacks the proper safety warnings, instructions and/or other labels meant to keep consumers safe. If a product is designed and manufactured perfectly, but fails to warn users of potential risks, it has a marketing defect.
An SUV may have a defective design if it rolls over easily while making relatively slow turns. A specific electronic device may have a manufacturing defect if it shocks the user when it is plugged in to charge. A pharmaceutical drug may have a marketing defect if it does not label all of the possible side effects, including potential interactions with other drugs. These are just some examples of defective products. There are countless types of defective products and countless ways in which they can injure consumers.
Who Is Liable For Defective Products?
Unfortunately, many manufacturers, distributors and product designers put profits ahead of consumer safety. This can lead to rushed production, inadequate testing and other forms of negligence. To determine who is liable for a defective product, our Dallas product liability attorneys thoroughly investigate every case. We look at the various factors involved to determine who is accountable for your injuries; then we work to hold those parties responsible for your pain and suffering.
Were you injured by a defective product? Discuss your legal options with our team today. Call Guerrero Law at 214-748-6565 for a complimentary case evaluation.