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Texas law provides that the products that consumers and end users purchase and use are to be designed and manufactured in such a manner that they are safe for their use. and free of inherent defects. Sellers and manufacturers of products are also required to give reasonable warnings of dangerous propensities of their products.  Product liability refers to a broad area of the law that is designed to allow those who have been injured, or who have suffered from other damages or loss as a result of a product’s malfunction, to file a lawsuit and seek compensation for damages. Such lawsuits can be brought against the manufacturer, retail store owners, wholesalers, and component part manufacturers. At The Sartin Law Firm, P.C., we represent businesses, insurance companies, and individuals whom have suffered property loss or injury due to products containing one or more of these inherent defects.

Three types of product defects incur liability in manufacturers and suppliers, including: 1) design defects, 2) manufacturing defects, and 3) marketing defects.

A design defect is where a product imperfection occurs when the seller or distributor could have reduced or avoided a foreseeable risk of harm by adopting a reasonable alternative design, and when, as a result of not using the alternative, the product is not reasonably safe. A hidden defect is like it, in that the product imperfection is not obvious by reasonable inspection but where the seller is still generally liable if the flaw causes harm. A manufacturing defect is an imperfection in a product that departs from its intended design even though all possible care was exercised in its assembly and marketing. A marketing defect is a failure to adequately warn of a potential risk of harm that is known or should have been known about a product or its foreseeable use.

The manufacturer of the product is responsible for damages for the failure to adequately warn of a potential risk of harm that is known or should have been known about a product. The failure to adequately instruct the user about how to use a product safely is the manufacturer’s responsibility.

The products you purchase from sellers are manufactured with an implicit guarantee that the product is in good condition, without defects, and is safe for the consumer to use if done so within its intended guidelines and limits. Any product manufactured in a negligent manner that is then sold, given, or transferred to an individual without that person’s knowledge makes the manufacturer liable.

If you believe that you have suffered damages due to a defective product, you have a limited time within which to file a claim.  Please contact our firm today for a free consultation and evaluation.