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What Are the Three Types of Product Defects?

Posted on in Personal Injury

TX injury lawyerWe expect that the products we buy and use every day are reasonably safe. Unfortunately, this is not always the case. Dangerous products end up on the market all the time - and people can get hurt. From exploding Pyrex baking dishes to dolls with sharp motors in their mouths, product defects are everywhere. As a general rule, a product is considered defective if it is unreasonably dangerous for the standard consumer. The question is what types of flaws render a product dangerous. If you were hurt by a dangerous product, you will want to speak to a personal injury attorney as soon as possible. You may be entitled to receive compensation.

What Three Types of Product Defects Does Texas Recognize?

There are multiple kinds of problems that could render a product unreasonably dangerous. One product may be dangerous because it catches fire, another because it is missing a warning label, and yet another because it contains lead. In Texas, three general categories of product defects are recognized:

  • Design defect - The design of a product is defective if it creates unnecessary risk to users and a safer design could have been used. Products that are inherently dangerous even if they are well-designed, such as chainsaws and fireworks, are not considered to have a design defect just because they are dangerous. The particular design of that item must be more dangerous than similar products, having omitted a safety feature.
  • Manufacturing defect - A manufacturing defect happens when the design of the product was safe, but something went wrong during the manufacturing process. The design may not have been followed correctly, or a component could have been switched to a cheaper but more dangerous substitute. It can be difficult to tell the difference between a manufacturing defect and a design defect. A skilled attorney may need to investigate to make this determination.
  • Marketing defect - This type of defect may also be called a warning defect. When a product presents a danger that would not be obvious to a reasonable consumer, the seller must include a warning label. If a product is only dangerous when used incorrectly, then instructions that enable a consumer to use the product safely should be included. This could also include marketing dangerous products meant for adults, like electronic cigarettes, to children.

It is the seller’s responsibility to ensure that a product he introduced to the market is safe for use by reasonable consumers. It can be difficult to tell which type of product defect caused your injury in some cases, so you will want to consult an attorney who has experience with defective product injuries.

Speak with a Texas Products Liability Lawyer

If you were injured by a dangerous product, Clark Law Group may be able to help you recover compensation. Our experienced Fort Worth products liability attorneys are skilled at conducting thorough investigations in defective products cases. Contact 469-906-2266 to schedule a confidential consultation.

 

Source:

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.82.htm

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