Product Liability  lawsuits are based on injuries and damage caused by defective products. Unfortunately, through neglect or incompetence, manufacturers and other companies can create products that injure people.

A product is a manufactured good. Products subject to the law run the spectrum from food, drugs, appliances, automobiles, medical devices, medical implants, blood, tobacco, or even commercial jets. Product liability law does not include services, like having blood drawn or being waited on in a restaurant.

Some products (e.g., gasoline) are inherently dangerous, but their utility outweighs the danger they present.  Gasoline is an inherently dangerous product, but its utility makes gasoline "reasonably dangerous" for its intended use.  If a similar, cheaper and less dangerous product becomes available, gasoline-based products could then be considered unreasonably dangerous and thus defective.

The adequacy of warnings also must be considered when determining the defective nature of products. Inadequate warnings may be considered evidence of a manufacturer's negligence or make the product's use unreasonable.  Similarly, adequate warnings may render a product's risk of harm reasonable.

Manufacturing defects occur when a product manufacturing error or inconsistency causes some type of injury -- i.e., the product malfunctioned due to the defect.  Defective products liability law requires the following elements:

• the product malfunctioned;

• the product was defective;

• the defect caused the injury; and

• that the product was used in a reasonably foreseeable manner.

Product design defects are defects common to each product of the same model or brand.  For example, if a manufacturer sells a gun with a poorly designed trigger guard, and injuries result from its malfunction or inherent danger, the trigger guard is a product design defect.

The seller or manufacturer of a product may also be liable without fault if the product is unreasonably dangerous of sold in a defective condition.  Seller and manufacturers may be sued because the product itself is the problem, regardless of their attempts to make the product safe. 

Exceptions

Some products (e.g., prescription drugs with side effects) are unavoidably unsafe, but their benefit to society outweighs their danger.  Another exception to the strict liability exists when a product is used in an unforeseeable way (e.g., using a chainsaw to trim your beard). 

Conclusion

As you can see, product liability law is complex.   Having a skilled, experienced Texas product liability lawyer on your side is will be a critical factor in recovering damages. In product liability cases it is often necessary that steps be promptly taken to preserve evidence, document the chain of custody, and have engineers or other expert witnesses thoroughly evaluate the product and its relationship to the injuries.

Located in Dallas, Texas, the Law Offices of Gregory H. Bevel are staffed with experienced, aggressive product liability attorneys who will pursue every recovery avenue available for your claim.  Our product liability lawyers understand the complexities of defective product law and related insurance matters.

If you or a loved one has been injured by a defective product, call the Law Offices of Gregory H. Bevel at 214.250.2525 to arrange a consultation with an experienced product liability attorney.