Dallas Product Liability Lawyer
Everyone in the manufacturing and distribution chain of a product is required by law to exercise reasonable caution and warn consumers of the possible risk associated with it. When they fail to do so, it’s considered negligence.
Say, for example, you purchased a Galaxy Note 7, which is making headlines for unsafe batteries that can explode while charging. If your device injured you, several parties may be responsible: Samsung for providing you with a defective product, or the battery manufacturer for selling an unsafe component to Samsung. Even the retailer who sold you the phone may be responsible, if they knew they were selling you a product that might be dangerous.
As you can see, product liability cases become complicated quickly. Understanding the basis of product liability law can help you make an informed decision in your personal injury case.
What is Product Liability?
Product liability refers to a branch of the law, and the notion that a company must take reasonable precautions in the assembly, marketing, distribution, and retail of a product. Product liability claims fall into three broad categories:
- A product was manufactured with a defect,
- There was an inherent flaw in the design of a product, or
- A party failed to adequately disclose risks or proper instructions with a product.
A product defect is most commonly the result of something that went wrong during assembly or building. In other words, it may only affect one item or a small batch of items. Examples of defective manufacturing include a slide with a broken step, a batch of food tainted with listeria, or a car manufactured without its brake pads.
Inherent Design Defect
Inherent flaws in the design of a product may also lead to injury. These differ from simple manufacturing defects because there is something fundamentally wrong with the product – it affects part or all of the product on the market. Examples of inherent design defects include a car that is equipped with faulty airbags, sunglasses made without ultraviolet protective coating, or phones that overheat and catch fire.
Failure to Warn
A failure to properly warn consumers may refer to a lack of proper instruction, or failing to adequately warn of the risks associated with using a product. Examples of failure to warn include dangerous side effects of certain medications or a corrosive material that comes without safety instructions.
Which Category Applies to Me?
If you’re considering a personal injury suit, the natural question you must ask is “who is liable for my injuries?” Going after the wrong party may make the difference between winning a settlement and not. If, for example, a phone that spontaneously caught fire while charging injured you, you may think to sue the company who manufactured it. If, however, they had already recalled that phone and a store knowingly sold it to you anyway, the store would be the one responsible for your injuries.
For reasons like this, it’s essential to seek the advice of a personal injury attorney as soon as possible. Each state has its own statute of limitations for filing a personal injury claim: in Texas, it’s 2 years from the incident that caused the injury.
If you think you’ve been the victim of a dangerous product, contact the Law Office of Stephen W. Shoultz. We offer free initial consultations to review the specifics of your case and help you decide which actions are best. We are discerning with the types of cases we take, and will only take yours if we think we have a good chance of winning a settlement. To learn more about our risk-free process today, contact us for a case evaluation.