When you buy a product, you expect it to be safe. Whether it’s a household appliance, a car, or a medication, every product should function as intended without putting consumers at risk. Unfortunately, defects in design, manufacturing, or labeling can turn everyday items into serious hazards. When a faulty product causes injuries, Texas law allows victims to seek compensation through a product liability claim.
If a defective product in Dallas-Fort Worth has harmed you or a loved one, you have the right to pursue a product liability lawsuit. Generally, these fall into three categories: design defects, manufacturing defects, and failure to warn (marketing defects). Let’s explore the three types of product liability claims and what steps to take if a defective product harms you or a loved one.
Design Defect Claims
A design defect occurs when a product is inherently unsafe due to flaws in its original design. Even when the product is manufactured correctly, it still poses an unreasonable risk to consumers.
Examples of Design Defects:
- A vehicle with a top-heavy design that makes it prone to rollovers.
- A power tool that lacks necessary safety guards, increasing the risk of injury.
- A children’s toy with small detachable parts that present a choking hazard.
To prove a design defect claim, you must show:
- The defect was present before the product was manufactured.
- A safer, cost-effective alternative design was available.
- The defect caused your injury while you were using the product as intended.
These cases often require expert testimony from engineers or product safety professionals to demonstrate how the design is unreasonably dangerous. If you were harmed by a product that should have been made safer from the start, you may have a valid design defect claim.
Manufacturing Defect Claims
A manufacturing defect happens when a product is designed correctly but is improperly made during production, making it unsafe. Unlike design defects, these issues affect only certain batches or individual units rather than the entire product line.
Examples of Manufacturing Defects:
- A batch of prescription drugs is contaminated during production, leading to dangerous side effects.
- A car seat with a faulty latch due to improper assembly, making it unsafe in an accident.
- A defective airbag that fails to deploy or deploys unexpectedly.
To succeed in a manufacturing defect claim, you must prove:
- The product was flawed due to an error in the manufacturing process.
- The defect made the product unsafe, even when used as intended.
- The defect directly caused your injury.
A defective product can cause serious harm, and manufacturers must be held accountable for failing to maintain quality and safety standards. Evidence such as safety recalls, consumer complaints, and lab testing can be critical in proving these claims.
Failure to Warn (Marketing Defect) Claims
A failure to warn (a marketing defect) occurs when a product lacks proper safety instructions, warnings, or labels to inform consumers of potential risks. Even a well-designed and properly manufactured product can become dangerous if users are not warned about its dangers.
Examples of Failure to Warn Claims:
- A medication that doesn’t include warnings about dangerous drug interactions.
- A cleaning product is missing instructions for safe handling, leading to chemical burns.
- A power tool sold without caution labels about proper safety precautions.
To prove a failure to warn claim, you must show:
- The product posed a danger that was not obvious to consumers.
- The manufacturer knew or should have known about the risks.
- The lack of warning directly caused your injury.
These cases often involve expert testimony on product labeling standards and whether the warnings provided were adequate. A company that fails to warn you about a known risk may be liable for the harm caused.
How Our Firm Can Help
Product liability cases are complex, and proving that a manufacturer, distributor, or retailer was responsible for your injuries requires strong legal representation. At Rochelle McCullough, we have extensive experience handling product defect claims in Dallas-Fort Worth and know what it takes to win these cases.
When you work with us, we will:
- Investigate the defect and collect necessary evidence.
- Work with industry experts to strengthen your case.
- Negotiate with manufacturers and insurance companies on your behalf.
- Fight for the maximum compensation you deserve.
We know how overwhelming an injury from a defective product can be, so we handle these cases on a contingency fee—meaning you don’t pay unless we win. Don’t wait—Texas has strict deadlines for filing product liability claims. Contact us today for a free consultation, and let us help you get the justice and compensation you deserve.