Product Liability In A Personal Injury Lawsuit

Daren Brown
By Daren Brown | March 21, 2019
Product Liability: A Tangible Responsibility
As long as there are manufacturers, distributors, and suppliers to launch them, products will always come with strings attached. Legally speaking, those risks boil down to a products liability personal injury case. In other words, if you purchase or consume a product that leads to injury, you may have grounds to hold the chain of production responsible for that injury. 

The reason the merits of your case are uncertain has to do with the structure of the law itself. Products liability personal injury is designed to put a stop to the filing of frivolous lawsuits. This means that in order for your personal injury case to have standing with the court, it has to fit into one of three main categories:

  1. Manufacturing defects
  2. Design defects
  3. Marketing defects or lack of adequate warning

The scope of the law in these cases is restricted to tangible forms of property.

Product liability personal injury cases are most frequently filed due to:
  • Negligence
  • Strict liability
  • Breach of warranty
  • Consumer protection claims

We will go through each type of defect individually, so that you can understand how liability applies in each scenario. Let's begin with manufacturing defects.

What Falls Under Product Liability?

Manufacturing defects indicate that either substandard products are used during this process or that there is a flaw in the workmanship. The burden of proof comes down to showing that the inferior components are directly related to personal injury. An example of this type of liability would be faulty lawn care equipment or an air-break unit that fails due to a particular low-quality part in the mechanism.

Design defects speak to a product that is inherently dangerous. Despite the manufacturer’s best efforts, the resulting product fails to meet both the standards of this product type and the expectations of the consumer. An example here would be, airbags, baby strollers, children’s toys and car seats, and problems with the braking systems on cars. You have to be cautious as the plaintiff and ensure that the product standards and your expectations of the standards remain reasonable. One way of illustrating this is to show how the product’s risks outweigh its benefits.

Product liability cases involving children are especially high-profile. These often make the news because of the devastation and turmoil surrounding an injured, innocent child.

Marketing defects occur when side effects or risks from a product begin to cause injuries that were not readily apparent when the product was introduced to the public. You’ll need to show that advanced warning from the manufacturer would have reduced the number of products liability personal injury cases. Good examples of "failure to warn" are: the effects of diet pills, the presence of toxins in certain plastic containers, and tainted food products.

Should I Hire a Products Liability Lawyer?

Remember, the laws that apply to products liability personal injury vary by state. It is essential to your case that you get proper legal representation from attorneys who are familiar with the local legal system and its statutes. The personal injury attorneys at Stockard, Johnston, Brown & Netardus, P. C. in Amarillo, Texas understand the theories of liability and how to apply them individually or comprehensively in a personal injury case. Product liability cases can be devastating for all of those involved, especially when a child is the victim. Getting the compensation you need to cover your or your child’s medical bills is imperative, and can help make the healing process easier. Let Amarillo law firm Stockard, Johnston & Brown, P.C. stand firmly by your side when taking on a product liability case and help you get justice.

 
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photo credit: me and the sysop via photopin cc

Topics: Personal Injury, Liability