Defective products pose a serious risk for people in Texas and around the country. For people who’ve been injured by defective products, understanding who is responsible and why can inform their case and what damages they may be able to collect. The type of defect can also influence how complicated a case is and how long it will take to resolve.
Who is liable for a defect?
There are different types of defects that can affect a product’s safety. Sometimes, the problem occurs in manufacturing. One example of this is when a medication is contaminated by a dangerous ingredient. At other times, the issue is the labeling. Users should be warned about a preventable hazard, but they aren’t. And there are times when a product is inherently dangerous, even when used as instructed. That issue has its roots in the design process.
When and how the defect occurred influences what parties can be held liable. In some cases, it’s the manufacturer. In other cases, it’s the people who market and sell the product. Sometimes, everyone in the process is liable for a share of the defect. Before filing a product liability claim, a lawyer will need to investigate these issues. This can take a lot of time, depending on how complex the product is.
An experienced attorney will be able to explain this process. In general, a lawyer will investigate, present demand and negotiate. There can also be other steps along the way, including arbitration. Arbitration is a legally binding process that can be less expensive and shorter than a civil lawsuit. The actions that a lawyer takes will depend on the specifics of the case.