There are three types of problems that can make a product unreasonably dangerous. These are manufacturing defects, design defects, and marketing defects. Manufacturing defects typically exist in just a single specimen or a small batch of a particular product line. The defect is likely created during the manufacturing process or occasionally in the shipping process. Manufacturing defects can exist in vehicles, toys, pharmaceuticals, medical devices, appliances, and other items. At Feizy Law Office, our product liability lawyers can help people in Dallas and the surrounding cities pursue compensation for their harm.Establishing Responsibility for a Manufacturing Defect
A manufacturing defect exists when a product deviates in construction or quality from specifications or plans in such a way that it is unreasonably dangerous. This means that it is more dangerous than what an ordinary consumer might expect, using ordinary knowledge common to the community for that type of product. For example, ordinary consumers would expect a gun to have certain risks and dangers. However, they would not expect the gun to go off if the safety was on. If the safety has a manufacturing defect, and as a result someone is injured while using the gun, it may be possible to recover compensation from the gun manufacturer in a product liability lawsuit.
To recover damages through a product liability claim in Texas, you would need to prove that the product has a defect, the defect made the product unreasonably dangerous, it reached you without a substantial change in its condition, and the defect caused your injuries. In a manufacturing defect case, you would also have to prove the product deviated from the blueprints that were supposed to be followed to create it. A manufacturer can usually be held strictly liable for manufacturing defects, although in some cases, negligence and breach of warranty may be more appropriate theories to assert.
Manufacturers may defend on various grounds. In strict liability cases, for example, the manufacturer may argue that a plaintiff modified or misused the product. Modification happens when the product has been altered since it left the defendant. If the manufacturer is able to establish that the product at the time of the accident is no longer the same as it was when it left the manufacturer, the manufacturer may not be liable. For example, if a consumer modifies a car with non-standard parts and then gets into an accident, he or she may not be able to hold the manufacturer responsible for a defect. Manufacturers may also claim that a plaintiff was injured because he or she misused the product, and this misuse, not a manufacturing defect, was the cause of the injuries.
Compensatory damages that you may be able to recover from a manufacturer if you prove your case can include medical bills, lost wages, disability or disfigurement, mental anguish, and pain and suffering. In some extreme cases, punitive damages also may be available.Consult a Dallas Lawyer to Seek Compensation for Your Injuries
At Feizy Law Office, our injury attorneys can advise Dallas residents and others who have been hurt due to a manufacturing defect. Generally, manufacturers have far greater resources at their disposal than an individual consumer does. It may be crucial to retain an experienced attorney who works with knowledgeable experts and can make a good impression at trial. Call Feizy Law Office at (214) 651-8686 or use our online form to set up a free consultation. We also represent accident victims in Arlington, Fort Worth, Irving, Garland, and Plano, among other Texas cities.