Product Liability Lawyer
When someone purchases a product, there is an inherent promise that the product will be safe when used as intended. Unfortunately, this is not always the case. In fact, it is quite common for customers to suffer serious injuries when using consumer products, medical devices, and medications.
Despite the existence of federal and state regulations intended to improve product safety, there are many products that wind up being released to the open market with major problems that can result in serious bodily injuries. If this has happened to you or a loved one, you may have the basis to file a product liability claim. In Texas, you have the ability to file a civil action based upon a manufacturing defect, design defect, and/or failure to warn. Let’s take a look at each one.
A manufacturing defect involves a mistake in the way a particular product was actually made. To establish that a manufacturing defect occurred, you (and your lawyer) need to prove that the original design of the product was safe, but the product wound up in the stream of commerce in a manner that did not conform to the original, safe design. Examples of manufacturing defect claims include EpiPens that do not inject properly or an airbag that fails to deploy in an automobile accident.
A design defect is a mistake in the way the product was actually designed. This means the way the product was designed is inherently dangerous, rather than manufactured negligently. Examples of design defects include:
- Stryker hip implants;
- Transvaginal mesh injuries; and
- Mirena IUDs migrating into other parts of the body
Failure to Warn Consumers of Safety Issues
A failure to warn defect can occur when there is an inherently dangerous aspect to a product, the manufacturer knows about the risk, and they failed to provide adequate warnings to consumers. An important aspect of a failure to warn claim is that your injury must have occurred when you were using the product for its intended purpose. Many prescription medications are the subject of failure to warn product liability claims. Some examples include the following:
- Talcum baby powder
- Xarelto blood thinner medication
- IVC Filter injuries
- Essure birth control implants
Taking Legal Action
If you or a loved one was injured by a consumer product, it is important to speak with an attorney to determine your legal rights. Why? Because there are some products that are the subject of class action lawsuits. This is especially true when the product that injured you was sold and distributed across the country. Even if your product is not part of a class action, you can still file a claim for financial restitution against the product manufacturer.
Have Questions? Contact a Houston Product Liability Injury Lawyer
If you or a loved one suffered a serious injury as a result of a defective product, do not delay in taking legal action. The experienced and skilled product liability lawyers with Michael P. Fleming and Associates are ready to help you and your loved ones. Call today so we can discuss your case 713-221-6800.