DEFECTIVE PRODUCTS

BALCH SPRINGS DEFECTIVE PRODUCTS INJURY LAWYER

DEFECTIVE PRODUCTS ATTORNEY BALCH SPRINGS

If you suffered injury because of a dangerous or faulty product, you may file a defective productscase against various companies and individuals that were involved in the sale and manufacture of the substandard item. This could be a toy, drug, food, industrial machine, recreational vehicle, car, power tool, truck, airbag, tire, seat belt, boat, lawn equipment, child product or farm equipment. To be able to triumph on your claim, you have to prove that it was the defective product that cause your injuries and that you have incurred compensatory damages like lost income, disfigurement, medical expenses, pain and suffering. If the person died as a result of an accident caused by substandard products, a survival and wrongful death claim can be filed by the survivors.

WHAT SHOULD YOU DO IF A DEFECTIVE PRODUCT IS SUSPECTED IN AN ACCIDENT

If there is any suspicion that defective products caused an injury or death, a lawyer should be contacted immediately. The defective product should be secured, along with its operating and packaging instructions. If you are injured, get prompt medical attention and follow what your doctor orders. Take some photos of the injuries you sustained and the faulty product that caused them. If there are witnesses to the incident, write down their names, contact details and addresses. If you suffered injuries that cannot be seen such as impairment or pain, document it in writing. Contacting the Consumer Products Safety Commission would be a good idea.

As a plaintiff in a defective products case, you have to establish at least one of the following theories:

NEGLIGENCE

If there is insufficient warning about a certain product or there is no reasonable care in its sale and manufacture, it will constitute negligence. There is a duty owed by the manufacturer to the plaintiff. If there is a violation of that duty and an injury and actual damages resulted from the negligent act of the manufacturer, they would be liable for negligence.

WARRANTY VIOLATION

If there is a failure to comply with the promise about the function and operation of a product, there is breach of warranty. The basis for warranties in all states is a partial adaptation of the UCC or the Uniform Commercial Code.

TORTIOUS MISREPRESENTATION

If the consumers are given a deceptive sense of confidence in the safety of a product, there is misrepresentation. If somebody gives a false statement that is meant to deceive the plaintiff, the person commits deceit or fraudulent misrepresentation. If he was negligent in determining whether the statement is true or not, negligent misrepresentation is committed.

STRICT LIABILITY

Although the product’s defect is not the fault of the defendant, the defect makes the product unreasonably dangerous, making the defendant responsible under the theory of strict liability.

Section 402A of the Restatement (Second) of Torts included a provision creating strict liability on the part of a manufacturer. Under this section, a manufacturer is liable for product defects that occur during the manufacturing process, despite the level of care used by the manufacturer. Later, courts expanded the strict liability principles to include cases that did not involve manufacturing errors, for instance, cases involving failure of the manufacturer to supply substantial warnings.

LIABILITY FOR USED PRODUCTS

A person who re-manufactures a product may in some instances be subject to the same products liability rules as the original manufacturer.

States are split regarding the basis of liability for sellers of used products. Some states exclude sales of used products from products liability rules, but in other states, the general products liability rules apply.

DEFECTIVE PRODUCTS

The U.S. Consumer Product Safety Commission (CPSC) is responsible for reviewing the safety of retail products in the United States. The CPSC determines if products are safe using a battery of tests for toxicity, durability, flammability and other dangers. The organization also posts recalls about dangerous consumer products. However, due to the sheer volume of worlDWIde manufacturing and the global import/export market, many products go untested and unnoticed by the CPSC defect and recall divisions, increasing the risk for the distribution of potentially defective products.

defective products can cause a number of serious injuries, including burns, broken bones, lacerations, disfigurement and even death. Although the CPSC works diligently to safeguard consumers, the ultimate responsibility for product safety lies with manufacturers.

A company that produces defective products can be sued for negligence. Negligence can occur at any one of three manufacturing stages: design, construction or marketing. If a product is designed incorrectly (such as a chair with only two legs instead of four), it can cause harm to its users. If a product is constructed or assembled incorrectly (the seat of the chair is not bolted down correctly), it can also be deemed defective. Finally, if the chair with two legs is marketed as safe but turns out to be causing injury to consumers, it can also be deemed defective.

INCREASES IN RECOVERABLE LIMITS

As of March 2010, the CPSC approved a vast increase in the penalty amounts that can be sought for defective products cases in the United States. In general, these limits increased from $8,000 to $100,000 for first-time offenses and from $1.8 million to $15 million for repeat offenders.

The law limits the amount of time consumers have to file defective products claims. In the State of Texas, the statute of limitations is 2 years in most cases. If you have been injured by a defective product in the Dallas area, call a Balch Springs defective products lawyer at The Goolsby Law Firmtoday. We work on a contingent fee basis, which means we don’t get paid unless you recover damages for your loss.

The Goolsby Law Firm – Protecting Your Rights
(972) 394-2141