Legal remedies for purchasing a dangerous product

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Legal remedies for purchasing a dangerous product

| Mar 24, 2021 | Product Liability |

Every year, dangerous and defective products injure Texas consumers. Filing a personal injury claim may be necessary if a defective product injured you. In general, products that simply do not do what they claim to do are not necessarily considered defective and can often be returned for warranty replacements or reimbursements.

Product defect claim types

Product defects are divided into three main types for product liability claims. They include design defects, manufacturing defects and warning defects. A brief example of each is following:

  • Design defect – the design of the product doesn’t allow it to hold up as it should.
  • Manufacturing defect – the product is defective due to the manufacturing process.
  • Warning defects – proper warning is not given in instructions regarding the use of the product.

Types of dangerous products

Anything you purchase has potential to be a dangerous product. This includes items like medical devices, baby and children’s items, foods, chemicals and even medicines. Items may even be on recall lists nationwide.

If injured by a dangerous product, you should first seek medical treatment. However, the cost of treatment and potential days off work can leave you wondering how to pay your bills. You may want to seek the assistance of a product liability attorney to answer your questions.

Legal remedies for dangerous or defective products

Depending on the scenario, there are multiple legal remedies when a defective product injures a consumer. Product defect cases are generally classified into two main categories including strict liability and negligence.

In cases of negligence, the consumer can collect damages if they can prove the retailer or manufacturer breached the contract owed to the consumer, that the breach caused injury and that they had losses or expenses due to this breach. One such case may include the improper testing of a product that left the consumer moderately to severely injured.

In cases of strict liability, consumers do not need to prove negligence, and manufacturers are liable for injuries caused by defective products due to manufacturing error. Manufacturing errors, however, are often difficult to prove.