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What are defective products claims commonly based on?

Every year, there are people in Texas who are impacted by a defective product. While nobody makes a purchase with the thought that they could be injured by a product, this can happen at any time.

When it comes to defective products claims, these are commonly based on strict liability, breach of warranty or negligence. While there are no federal laws overseeing products liability, every state has a system in place for dealing with such claims.

Regardless of the state, the person who was impacted by the defective product must be able to prove that the product was indeed defective in some way.

If you believe you have a defective product claim, it is important to understand the three types of defects that can lead to liability in a supplier or manufacturer. These include:

— Manufacturing defects, occurring at the time of construction or production

— Design defects, which exist before the product is taken to manufacturing

— Marketing defects, such as improper instructions

With three distinct types of defects, it is often easier for a person affected by a product to determine if he or she has a claim against a supplier or manufacturer.

Some defective products lead to serious injury or even death. Others, fortunately, are recalled before anybody is impacted.

In the event that a person feels he or she has been injured or become ill due to a defective product, he or she has the right to consider a legal claim. If it comes to this, the person may wish to consult with an attorney who can review his or her situation.

Source: Cornell University Law School, “Products liability” Sep. 23, 2014


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