Defective Products

Defective Products

defective products

Strong Representation For Your Defective Product Injury Claim

Defective products cause thousands of injuries in the US every year. As consumers, we have expectations for the safety and effectiveness of the products we purchase. We rely on the manufacturers to make sure the products they make and sell are tested to work safely according to the regulations, laws and standards set forth by the US Consumer Product Safety Commission (CPSC). However, some products with malfunctions or unforeseen dangers have been negligently sold to unknowing consumers that cause personal injury and sometimes even death.

If you or a loved one has suffered from an injury caused by a dangerous product, it’s important to contact an experienced defective products attorney in Mission. The Osiris A. Gonzalez Law Firm has the knowledge and resources to win the settlement that you deserve. Contact us at (956) 583-4404 for your free, no-obligation case review.

What is Considered a Defective Product?

The legal definition of a defective product is a consumer product that has an imperfection due to an error in design or manufacturing or is faulty because of inadequate consumer warnings or user instructions. Defective products can be any commercially available item available for purchase by an individual consumer from companies who manufacture and/or sell packaged goods, beverages, electronics, prescription and OTC medication, food production, automobiles, toys and more. A product’s defective condition can result from many different things, including:

  • Design Flaw
  • Manufacturing Error
  • Improper Labeling
  • Insufficient Instructions
  • Malicious Intent
  • Poor Judgement
  • Human Error

The Three Types of Product Liability Claims

While there are many different reasons a product may be defective, there are three types of claims for defective products. The manufacturer is liable for negligence at every stage of the product’s development, production and release. Consumers can file a claim based on one of the following three reasons for defective and dangerous products causing property damage, injury or death:

1. Design Defects
Harm or injury resulting from a poorly-designed product or the designer’s failure to address all possible risks in a product’s design and intended use.

2. Manufacturing Defects
Property damage, injury or death caused by poor quality materials, improper assembly and careless quality control during the manufacturing process.

3. Marketing Defects
Injury or harm caused by improper or confusing instructions or a manufacturer’s failure to warn consumers about a possible safety hazard

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Common Defective Product Cases

  • Battery Fires (cell phones, hoverboards, etc.)
  • Defective Baby and Child Products (car seats, highchairs, etc.)
  • Defective Medical Devices (metal hip replacements, stents, etc.)
  • Defective Automotive Products (airbags, seatbelt failure, etc.)
  • Defective Consumer Products (recreational products, firearms, etc.)

If you or a loved one is suffering from injuries caused by a product with design, manufacturing or marketing defects, contact the personal injury attorneys at the Osiris A. Gonzalez Law Firm in Mission, TX. We will go head-to-head with powerful corporations to protect your legal rights as a consumer and ensure you receive the compensation you deserve.

Your Right to Compensation for Product Liability in Texas

It is your right to seek compensation for losses caused by a defective or dangerous product due to the manufacturer’s negligence in Texas. Holding manufacturers and the companies that knowingly sell defective or dangerous products accountable for their negligence will also help prevent injury to other unsuspecting consumers in the future. Compensation for injuries caused a defective or dangerous product may include both economic losses and non-economic losses like:

  • Medical Expenses for emergency care, rehabilitation and future long-term care.
  • Financial Loss for past and future wage and benefit losses.
  • Pain and Suffering for both mental anguish and physical pain.
  • Punitive Damages awarded by the court as a punishment for a manufacturer’s negligence.

Contact a Defective Product Attorney in Mission, TX

Take action now. Call our firm at (956) 583-4404, or email us directly to schedule a free initial consultation to discuss your injury, accident situation and any questions you may have about how we can help you assert your legal rights to compensation.

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Defective Product Injury Questions and Answers

Our Q & A is a helpful resource for anyone who has suffered a defective product injury or wants to learn more about the legal process surrounding these types of injuries. Below you’ll find valuable information on a range of topics, from insurance claims to personal injury lawsuits.

In an injury or death resulting from the defective design of a product, the claim is that the product functioned as it was designed but the design was negligent. That is a reasonable manufacturer should have known that the design of the product was defective, that it was foreseeable that the design could cause injury or death to the user of the product. Once a hazard, which is a condition that may cause injury or death, is identified in a product, the design engineer must follow an accepted design priority recognized by all design engineers in reducing the possibility of the dangerous condition of the product causing injury or death.

  • The dangerous condition must be designed out of the product if such can be done without destroying the utility of the product. If this can’t be done then:
  • The dangerous condition of the product must be guarded against. If the dangerous condition of the product can’t be guarded against then:
  • A warning must be given that the dangerous condition of the product can cause injury or death

In a manufacturing flaw case, the claim is that the injury or death was caused by a flaw in the manufacturing of the defective product and that the product was not manufactured properly which resulted in a dangerous condition that made the product defective and dangerous and caused injury or death.

The manufacturer of a product which is reasonably certain to be dangerous if used in a way which is foreseeable, is under a duty to give adequate warning of any danger known to him or which in the use of reasonable care he should have known and which the user of the product would have not ordinarily discovered.

In the United States, the claims most commonly associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. The majority of product liability laws are determined at the state level and vary widely from state to state. Each type of product liability claim requires different elements to be proven to present a successful claim.

The economic and noneconomic damages you could receive may be significant. A reputable attorney will give you an honest assessment of your claim and your options.

Your Personal Injury Attorneys

Osiris A. Gonzalez

Osiris A. Gonzalez

INJURY ATTORNEY
Juan R. Stillman

Juan R. Stillman

INJURY ATTORNEY

For a legal consultation with a product liability attorney serving Mission, call (956) 583-4404