Many businesses in Texas rely heavily on machinery and equipment to conduct daily tasks. Unfortunately, sometimes this machinery can be defective, resulting in various injuries. In this blog, we’ll discuss defective machinery and equipment in Texas commercial settings and a potential path to compensation through a product liability claim.
What is Product Liability?
When someone purchases a machine or piece of equipment, there is an expectation that it will be free of defects that can result in damages. Under product liability, manufacturers, distributors, and sellers are held liable for injuries caused by a defective product. Defective products can result in accidents and injuries in commercial settings.
Types of Defects
There are three major types of product defects: Design Defects; Manufacturing Defects; and Failure to Warn (Marketing Defects).
1. Design Defects
Design defects occur when an unsafe product design led to a defect. In other words, the product was made as intended but the design was defective in nature. This impacts all units of the product produced.
2. Manufacturing Defects
Manufacturing defects occur during the production of the product. These defects differ from how the product was designed. This commonly impacts select units of a product.
3. Failure to Warn (Marketing Defects)
Marketing defects, which are more commonly referred to as “failure to warn,” occur when the risks of properly using the product are not adequately communicated to the user.
Elements of a Product Liability Claim
When the machinery or equipment that a business uses turns out to be defective, they are entitled to file a claim for product liability. There are three elements that must be proven for the claim to be successful. These include the following:
- There was a defect, which rendered the machinery or equipment unsafe for its intended use;
- The defect directly caused the injuries or damages suffered; and
- There were damages (physical injuries or financial losses)
It’s important to note that in order to be successful on a product liability claim, you must have used the product as it was intended to be used.
Who Can Be Held Liable?
There are a few different parties that may be held liable in a Dallas product liability claim for faulty machinery or equipment in a commercial setting:
- Manufacturers – those who design and produce the machinery or equipment
- Distributors – those who are involved with selling or distributing the defective machinery or equipment to businesses
- Retailers – the businesses that directly sell the defective machinery or equipment to businesses
Machinery and equipment are often crucial for success in the regular course of business – so long as they are safe. Defective machinery can often greatly impact businesses, which may pursue a claim for product liability.
The Attorneys at Rochelle McCullough Help Those in Dallas Who Have Suffered an Injury Due to a Defective Product
If you or a loved one has been injured or killed due to a defective product, you may be entitled to compensation through a product liability claim. Be sure to speak with a qualified Texas personal injury attorney who has experience with product liability as soon as possible. He or she has a deep understanding of the relevant law and can help to gather evidence and walk you through each step of your case.
The lawyers at Rochelle McCullough will help fight for your rights. To schedule a consultation, contact us today.