Manufacturing Defect for Product Liability Claim
Suffered Injuries From a Manufacturing Defect? Contact Herrman & Herrman for Help!
If you have been injured as a result of using a defective product, you should not be responsible for paying the medical bills. The manufacturer of the unsafe product should pay. You may have a right to significant compensation to cover your medical expenses, lost income, and other losses after an injury caused by a manufacturing defect. Contact Herrman & Herrman to learn about your legal options.
Consumers have a right to expect that the products they use have been tested and are reasonably safe when used as intended. Unfortunately, many products have manufacturing defects and pose a fire, electrical, mechanical, or chemical hazard. Manufacturers may be held financially liable when their products expose consumers to an unreasonable risk of injury as a result of a manufacturing defect. If someone gets hurt in an accident caused by a product defect, the manufacturer could be held liable for the harm they caused.
At Herrman & Herrman, our product liability lawyers understand how an injury or illness caused by a defective product can disrupt your life. We are here to help. If we handle your case, we’ll manage every step of your claim, from gathering evidence to negotiating aggressively for full compensation, so you can focus on your recovery.
Contact us today at (361) 882-4357 for a free consultation and learn more about the avenues available for seeking compensation for your losses.
What Is Product Liability?
Product liability refers to the area of civil law that covers injuries and deaths caused by unsafe products. If a business manufactures, sells or distributes products and a product causes harm to a consumer or customer, the injured person may sue the business and demand compensation by filing a product liability lawsuit.
Every party involved in the process of placing products on the market must follow safety standards. Disregarding the standards could result in a hazardous product ending up on retailer shelves.
Texas law and federal law allow consumers to hold manufacturers, distributors, and sellers responsible if their unsafe products cause injury or death.
Common Types of Manufacturing Defects
A manufacturing defect is an unintended defect in a product that usually occurs during the manufacturing process. The defect alters the product from its original design and makes the product more dangerous than consumers would reasonably expect.
Companies must assemble their products using the appropriate materials and following the correct design. A manufacturer may cause a manufacturing defect by deviating from the product design, using faulty parts, or assembling the product incorrectly. Sometimes, it takes a number of years for a manufacturing defect to come to light.
To show that a manufacturing defect was the cause of your injury, your attorney will need to show that:
- There was an unreasonably dangerous defect in the product;
- The condition of the product did not change after it left the factory; and
- You were using the product as intended when the injury occurred.
Examples of errors or actions that could lead to dangerous manufacturing defects include:
- Using toxic chemicals during production
- Using the incorrect materials to assemble the product
- Installing electrical wiring or circuitry incorrectly
- Choosing flimsy materials to cut down on manufacturing costs
- Forgetting to use fasteners or bolts on loose parts
- Forgetting to cut off sharp edges after using a mold
These types of injury claims can be challenging to investigate and prove, especially since multiple parties may be at fault. A person injured by a defective product will need the help of an experienced product liability lawyer with the resources to investigate the manufacturing defect and develop a strong claim for compensation.
Who Is Liable in a Products Liability Case?
The retailer of the product, a manufacturing company, and anyone else in the supply chain could be liable for a dangerous product.
The parties most commonly held liable in a product liability case include the:
- Wholesaler
- Supplier
- Design team
- Product manufacturer
- Parts manufacturer
- Seller or distributor
- Shipping company
Manufacturing defect cases require a thorough investigation to determine how the defect occurred. It’s important to hire an experienced product liability lawyer as soon as possible after suffering an injury. An experienced legal team will gather all available evidence to help identify who was at fault and how to move forward.
How Do You Prove a Product Liability Claim?
You will need to be able to show that certain facts are true in your case, including:
- The product you used had a defect;
- You did not make significant changes to the product between the time it left the manufacturer and the time you used it;
- The defect made the product unreasonably dangerous; and
- Your injury resulted from the defect.
Medical records serve as helpful evidence in product liability cases. When you visit your doctor to treat an injury, the doctor typically records information about the injury and diagnosis in your patient file.
Having physical documentation to show exactly when you suffered the injury and the timeline of your treatment could improve your chance of receiving the compensation you deserve.
Common Defenses to Product Liability Claims
It’s not likely that the manufacturer or the manufacturer’s insurance carrier will automatically accept liability for your injury. The insurer will probably enlist the help of their legal team.
Some of the most common defenses used in product liability claims are:
- Misuse – The defense attorney may accuse you of misusing the product. Manufacturers are only liable for dangerous products if the consumer uses the product as intended and suffers an injury from a defect. If operating instructions came with the product, but you did not follow them, the manufacturer might not be liable for your injury.
- Statute of limitations expired – If you file your lawsuit after the statute of limitations passes, the court will likely dismiss the case. Product liability cases must be initiated within two years of the injury date if you want to pursue compensation.
- Shared fault – Texas follows a modified comparative negligence rule. That means a jury could reduce the amount of compensation awarded to an injured person proportionately to an individual’s share of fault for an accident. The defense may try to show that you were partly to blame for your injury. You will need an experienced product liability attorney to stand up to insurers and defense lawyers when they attempt to shift the blame and avoid financial responsibility.
- Modification of the product – As soon as a customer receives a product, the manufacturer has no further control. If the user modifies the product in any way, it could create hazards and prevent it from working correctly. For example, if you remove a safety guard from a power tool and then suffer a hand injury as a result of the lack of the guard, the defense team would likely argue that the modifications you made to the tool made it unsafe and you were responsible for your injury.
Our attorneys at Herrman & Herrman are experienced at developing sold cases and overcoming the different types of defenses that are commonly used in product liability claims. Our attorneys will work to develop a sound legal strategy to support your case. Our Corpus Christi personal injury law firm stands up to large companies on behalf of our client and hold the companies accountable for manufacturing defects that cause unintentional harm.
Why You Should Hire a Texas Product Liability Claims Lawyer
The product liability lawyers of Herrman & Herrman have decades of experience handling product liability cases. Our dedicated team will be your advocate from start to finish of the legal process. You will not have to worry about completing confusing paperwork, locating evidence, or communicating with the opposing parties. We will deal with the insurance companies and defense lawyers, so you can focus on getting your life back on track.
Our staff at Herrman & Herrman speaks English and Spanish to accommodate your language preferences. We are available 24/7, so you can reach us at any time that is convenient for you. We understand the importance of being there for our clients in their time of need.
We have built an excellent reputation over the years. We put our experience and knowledge to work not only for people injured by defective products but also for members of our community. We believe in giving back in any way we can and participate in various charitable organizations.
Contact an Experienced Texas Product Liability Attorney
Herrman & Herrman has a team of experienced product liability lawsuit lawyers prepared to guide you through the claims process. We will fight for just compensation for you, and we will be with you every step of the way.
With more than 100 years of combined legal experience, our attorneys have the experience and resources to make a difference. Our clients are our first priority. We do everything in our power to meet your needs and achieve your desired outcome.
At Herrman & Herrman, we know you may be facing financial strain while paying for your medical care and other expenses. We don’t want to add additional costs to your plate, which is why we handle product liability cases on a contingency fee basis. There are no upfront fees or costs when you retain our service. You won’t be expected to pay any legal fees unless we secure compensation for you through a negotiated settlement or court award.
If you or a loved one has suffered injuries from a manufacturing defect, contact Herrman & Herrman for a free consultation by calling (361) 882-4357 or connecting with us online. Our firm has offices in the following locations: Corpus Christi, Corpus Christi South Side, Brownsville, McAllen, San Antonio, Houston, and Ft. Worth, TX.
