A product is defective if errors occur during its design, manufacture, or marketing. If a defective product injured you or your loved one, the party responsible for the error may be legally liable for damages from the injury.
Read on to learn more about what defines a product as defective in legal terms and how a Dallas product liability lawyer with our firm can help you prove your right to financial compensation.
Types of Product Defects
We expect the products we purchase to be safe. However, every year, medications, medical devices, foods, beverages, household items, auto parts, and more injure consumers or get recalled because they pose a danger.
If you suffered an injury from a defective product, its manufacturer or another liable party may be financially responsible for your damages. As the Legal Information Institute (LII) explains, a product is defined as defective in legal terms if there is an error in one of the following:
- Design. Design defects occur before a product’s manufacturing. This type of defect involves an inherent problem in the product’s design. Therefore, the product would still pose a danger even if made correctly.
- Manufacturing. Manufacturing defects happen during a product’s construction. A manufacturing error can affect all of a certain type of product, or the flaw may occur in only a portion of the products made.
- Marketing. Marketing defects involve a failure to warn consumers about a product’s potential hazards or side effects. A marketing defect can also include a lack of instruction on the product’s safe usage.
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Who Is Liable for a Product Defect?
Liability for a defective product is based on negligence or strict liability. A negligence-based claim alleges that the defect occurred due to recklessness, carelessness, or wrongdoing. With strict liability, the entity responsible for the defective product is liable for injuries, regardless of their intent or actions. You only must prove the defect existed.
Depending on your case’s circumstances, potentially liable parties may include one or more of the following:
- Pharmaceutical companies
Because dangerous products often harm multiple consumers in the same way, you may be able to join with other injured parties when taking legal action. Our firm’s defective product lawyers can help you explore your options for joining a mass tort lawsuit, class action lawsuit, or multidistrict litigation lawsuit. We assist with claims involving:
- Dangerous drugs
- Defective medical devices
- Defective vehicles
- Hazardous furniture, appliances, and household goods
- Toxic materials and chemicals
Defective Product Injury Compensation
The party responsible for the product defect that injured you should pay for your medical bills and other damages, not your or your family. We can help you pursue the following compensation:
- Medical expenses. You can recover current and future medical expenses caused by your defective product injury. Medical compensation may include emergency transportation, hospital and doctor fees, surgeries, mobility aids and medical equipment, rehabilitation, physical therapy, and long-term nursing.
- Lost income. You can pursue wages and employment benefits lost due to your injury and recovery. If you sustained a permanent or disabling injury, you may qualify for compensation for your lost future earning capacity.
- Property damage. If a defective product damaged or destroyed your home, vehicle, or personal property, you can pursue the cost of repairs or replacements.
- Pain and suffering. You deserve compensation for the physical, mental, and emotional toll of your injuries. Pain and suffering damages may include monetary awards for physical and chronic pain, scarring, disfigurement, emotional distress, mental anguish, loss of enjoyment of life, and impaired quality of life.
- Wrongful death. If your loved one suffered a fatal product liability injury, you can pursue a claim for compensation on behalf of their estate and survivors.
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How to Build a Strong Product Liability Case
When proving a product is defective in legal terms, the burden of proof usually rests with the plaintiff. You will need to construct a case showing that a defect occurred and caused your injuries and damages. You may also need to establish negligence.
Evidence in a product liability lawsuit may include the following:
- Product designs
- Photographs and physical evidence from the facility that made the product
- Medical records
- Official accident reports
- Scientific or medical research
- Eyewitness accounts
- Expert testimony
- Bills, receipts, invoices, estimates, and other proof of your losses
You do not have unlimited time to construct a case. According to Texas Civil Practice and Remedies Code § 16.003, you generally have two years to file a personal injury or wrongful death lawsuit in civil court. However, some circumstances can extend this deadline. We can tell you more about how the statute of limitations will affect you and help you get started before your window to take legal action expires.
Do You Need a Personal Injury Attorney?
Product liability cases can be complex. Proving a product defect can require extensive legal and manufacturing knowledge. In addition, you may need to obtain evidence in the possession of the liable manufacturer or entity, and they may not be cooperative.
A personal injury lawyer with our firm will do the work to build a strong case and advocate for you and your best interests every step of the way. If you hire us to represent you, we will:
- Investigate the cause of your defective product injury
- Collect evidence and demand other involved parties to preserve and turn over evidence in their possession
- Establish financial liability for your injury and damages
- Identify and calculate your economic and non-economic losses
- Prepare insurance and legal paperwork
- Communicate with insurance agents, opposing attorneys, and other involved parties on your behalf
- Negotiate for the maximum possible compensation
- File a lawsuit and represent you at trial if necessary
Call Loncar Lyon Jenkins About Your Defective Product Injury Today
If you suffered an injury caused by a defective product, medication, or medical device, you do not have to fight for fair compensation alone. The legal team at Loncar Lyon Jenkins can stand up for your rights and protect your financial future. We will answer your questions and ensure you understand what defines a product as defective in legal terms.
Contact us today for a free consultation. We serve injured clients on a contingency fee basis, meaning our services cost nothing up front or out of pocket.