Defective or dangerous products are the cause of many thousands of injuries every year.
Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Potentially liable parties include:
- The product manufacturer
- A manufacturer of component parts
- The wholesaler
- The retail store that sold to the consumer
We handle all types of defective product claims, including those involving defective medical devices and pharmaceuticals.Pursuing a Product Liability Claim
Typically, product liability claims are based on state laws, and brought under the theories of negligence, strict liability, or breach of warranty. In addition, a set of commercial statutes in each state, modeled on the Uniform Commercial Code, will contain warranty rules affecting product liability.
In general terms, personal injury claims for defective products fall into three categories:
- Design defects occur when it can be shown that the design of the product makes it unreasonably dangerous. A table designed with two legs, for example, might be considered to contain a defective design because it tips over too easily.
- Manufacturing defects exist when it can be demonstrated that the product does not conform to the designer's or manufacturer's own specifications. These cases can often be the easiest to prove, using the manufacturer's own design or marketing standards to show that the product was defective
- Marketing defects include improper labeling of products, insufficient instructions, or the failure to warn consumers of a product's hidden dangers. A negligent or intentional misrepresentation regarding a product may also give rise to a product liability claim.
In addition, product liability may be proven through the theory of breach of warranty. Whenever a person purchases a product, a contract has been formed. That contract will contain either express warranties (written or oral promises about the product and its performance) and/or implied warranties. Under the law of implied warranty, all goods that are sold must be generally fit for their intended purpose. If the product is not generally fit for its intended purpose, or if it does not meet the terms of its express warranty, a person injured by the product may sue the manufacturer for breach of warranty.
Product liability actions are often quite complex, and they require the assistance and testimony of experts. As noted, there are several theories under which a plaintiff might bring a claim, and several defenses in which that claim might be challenged or defeated.Contact Us Today for a Free Consultation
If you have been injured by a defective product, contact San Antonio, Texas, product liability lawyers at Rush & Gransee, L.C., today and learn how we can help you to protect your legal rights and pursue a successful claim.