Victoria Product Liability Attorneys

State & Nationwide Representation for Defective Product Injuries

Product liability deals with injuries resulting from the use of a product that is unsafe due to its design, the manner in which it was manufactured (a manufacturing defect), or the manner in which it was marketed (insufficient warning instructions).

When a consumer is injured by an unsafe product, the manufacturer can, under certain circumstances, be held accountable. If you were injured by a defective product, you may be able to sue the seller or manufacturer for negligence or strict liability. The Victoria product liability lawyers at Cole, Cole, Easley & Sciba, P.C. offer legal guidance to individuals and families who are considering filing a product liability claim.

Injured by a defective product? Contact our experienced Victoria product liability attorneys at  tel:(361) 678-3233 for a free consultation today!

Common Types of Product Defects

In product liability cases, there are three main types of defects that can lead to injuries:

Design Defects

• A design defect occurs when the product is inherently unsafe due to its design, even before it’s manufactured.
• Example: A car with faulty brakes due to poor design, which makes it prone to accidents.
• Injuries: Design defects can lead to serious injuries, as the product is unsafe by nature and may cause harm during its use.

Manufacturing Defects

• A manufacturing defect happens when a product is designed safely but becomes dangerous due to mistakes or flaws during the production process.
• Example: A batch of toys with small parts that are improperly assembled, causing choking hazards.
• Injuries: Manufacturing defects may cause injuries when the product is used as intended but performs improperly due to production errors.

Marketing Defects (Failure to Warn)

• A marketing defect refers to improper labeling, failure to provide adequate warnings, or misleading instructions about the product.
• Example: A cleaning product that doesn’t warn users of the harmful chemicals inside.
• Injuries: These defects may lead to harm when consumers misuse products because they were not adequately warned about potential dangers.

Who Can Be Held Liable in Product Liability Cases?

In product liability claims, several parties could be held responsible for injuries caused by a defective product:

• Manufacturers: If a product was designed or manufactured improperly, the manufacturer can be held accountable.
• Distributors: Those who distribute or sell the product may also be liable if they failed to catch defects before selling it to consumers.
• Retailers: Retailers can be held liable if they sold a defective product without warning customers of its risks.
• Third-Party Contractors: Sometimes, the defect arises due to a third-party contractor who was involved in the design or production of the product.

Each of these parties may be held responsible depending on the specifics of the case.

The Importance of Evidence in Product Liability Cases

Evidence plays a critical role in proving that a product was defective and caused harm:

• Photographs: Pictures of the defective product and the injuries sustained can serve as strong visual evidence.
• Medical Records: These documents show the injuries caused by the defective product and the necessary treatment.
• Expert Testimony: Experts, such as engineers or safety professionals, can provide technical insights into why the product is defective and how it caused the injury.
• Product Inspection Reports: Reports from product inspections can help prove that the defect existed in the product at the time of purchase.

It’s crucial to preserve the defective product, gather medical records, and document the injury. The more detailed the evidence, the stronger your case will be.

Strict Liability Claims

Strict liability means that a consumer has the right to not be injured if he or she uses the product the way it was intended to be used and according to the manufacturer’s instructions. The consumer must show that the product was unreasonably dangerous and defective. Typically, manufacturers defend their products by claiming that the consumer used them improperly, failed to heed warnings or follow instructions, or altered the products.

Strict liability and negligence are difficult to prove in court. It is extremely important to seek legal counsel regarding the particulars of your Texas product liability case.

Examples of Defective Products

A product is anything that is sold, except services and real estate. For example, machinery used in industry, in the office, on the farm, or in the home is sometimes the cause of injury. The same is true of food products sold in restaurants, groceries sold in supermarkets, and drug products sold over-the-counter or by prescription. You may also be able to bring a product liability claim for dangerous vehicles or vehicle defects that resulted in a car accident.

Manufacturers and sellers of defective products, or products whose labels or instructions fail to warn you of the hazards of improper use, may be responsible for injuries caused by their products.