When you buy a product, you expect it to be safe and effective and not cause you harm. Under Texas’ strict product liability laws, the manufacturer of a product may be held strictly liable if their product contains an unreasonably dangerous defect in its design, manufacture, or warning. The manufacturer is responsible for the creation of its product and can be held responsible for an unreasonably dangerous condition of its product regardless of whether or not the manufacturer itself did something wrong.
Design Defect – Under Texas’ strict product liability laws, a manufacturer of a product may be held strictly liable when the intended design or specifications of a product sold to consumers contains an unnecessary risk of harm. When a product is defective by design, the entire line of that product contains an inherent flaw in the design, such that even if the product is manufactured and assembled perfectly, the product sold will be unreasonably dangerous and carries the risk of injuring someone when they use it. For example, a medical device may be found to have an abnormally high failure rate; a table saw may not be designed with any guards or shut-off features; or a ladder may be designed with cheap aluminum material causing it to collapse easily. Even if the products are assembled correctly, they will still contain an inherent dangerous condition and will be considered defective in design if there is a safer alternative design that would have reduced the risk of injury without impairing the product’s utility, and which was technologically and financially reasonable at the time the product was designed.
Manufacturing – Unlike a design defect where the entire design of the product is unreasonably dangerous, a manufacturing defect is one in which the product departs from its intended design and is usually caused by errors in quality control or production of the individual product or group of products produced together at or around the same time. For example, a vehicle may be incorrectly assembled during the manufacturing process, or a refrigerator may contain sharp edges due to faulty or worn-out cutting guides. This type of defect is usually caused during the creation and assembly process of the product.
Warning – Under Texas product liability laws, a product may also be considered defective when it is designed and manufactured appropriately, but does not contain adequate warnings or instructions regarding the product’s intended use. Not all products can be made 100% safe, and many contain inherent risks that cannot be designed out. For example, a small toy can be swallowed by a child; a curling iron can become very hot and can cause burns, and a lawnmower’s blades can cause lacerations and amputations. To compensate for those inherent risks, the product must come with warnings and instructions for use. If the manufacturer does not include adequate warnings or instructions, it may be held strictly liable for failing to warn.
If you were injured by a product, call us right away. At the law firm of Abraham, Watkins, Nichols, Agosto, Aziz, & Stogner, we have successfully represented individuals and families of those who have been injured by all kinds of defective and unreasonably dangerous products. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz, & Stogner is the longest-standing personal injury firm in Texas, and our attorneys at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner have the knowledge, experience, and resources necessary to obtain just compensation for our clients. Call us at 713-222-7211 or visit our website at www.abrahamwatkins.com for a free in-person or virtual consultation.