Who Is Responsible For a Defective Product

Michael S. Callahan | | Product Liability
Who Is Responsible For a Defective Product

As consumers, we trust the products we use, expecting them to be safe and reliable. However, injuries while using a product do happen, and when safety standards are not met, these products can become defective and unreasonably dangerous. It is important to understand that people injured because of defective products have the right under the law to seek compensation.

At The Callahan Law Firm, we represent people in cases involving products that have not met safety standards or are otherwise defective, and have caused havoc in people’s lives. We are here to provide individuals and families with the legal representation they need when defective products cause serious injuries and fatalities.

Understanding Product Liability

Product liability law seeks to hold manufacturers, distributors, and retailers accountable for injuries or damages caused by defective or unreasonably dangerous products. This area of law is designed to protect consumers by ensuring that those involved in the production, sale and distribution of goods adhere to safety standards and exercise reasonable care under the law.

The Role of Retailers in Product Defects

Per Section 82.003 of the Texas Civil Practice and Remedies Code, retailers cannot be held liable for the harm caused by a defective product if they did not participate in the manufacturing process. Manufacturers typically bear the primary responsibility for product defects. However, there are unique situations where retailers can be liable.

As a general rule, retailers who did not participate in the manufacturing of a product cannot be held liable for harm caused to the claimant. However there are exceptions. For example, if a retailer mishandles a product during storage or transportation, causing it to become defective, they may be held responsible.

Manufacturer Responsibility for Defective Products

In product liability cases, identifying the responsible party(ies) is crucial. More often than not, the primary responsibility for defective products lies with the manufacturer. There are three main types of defects that can lead to manufacturer liability – design, manufacturing, and marketing defects

Well-known examples of defective product cases highlight the impact these defects can have on us. The Ford Pinto cases in the 1970s, SUV rollover crush cases, defective tire cases, Takata airbag manufacturing defect cases, defective drug cases, and lawsuits against baby formula manufacturers for misleading claims about the safety and nutritional value of their products all emphasize the importance of why we need to hold companies accountable.

Product Liability Claims and Types of Defects

Product Liability Claims and Types of Defects

There are 3 categories of defective products under Product Liability law. These include:

  • Design defects: This occurs when a product’s design results in a product being in a defective condition and unreasonably dangerous, even when manufactured correctly.
  • Manufacturing defects: These arise from errors during the manufacturing process, resulting in a product that deviates from its intended design specifications and poses safety risks.
  • Marketing defects: Manufacturers have a duty to provide adequate warnings and instructions about the potential dangers associated with their products and how to use them safely.

Filing Lawsuits for Defective Products

If you or a loved one has been seriously or catastrophically injured, you and your family may have a legal right to seek compensation. Consulting with our experienced defective product lawyers at The Callahan Law Firm is the first step in determining whether you have a claim and if so, what can be done to help.

In defective product cases, consumers may be entitled to different types of compensation, including medical expenses, lost wages, pain and suffering, physical impairment, and other damages caused by the defective product. Our attorneys will evaluate your case and if we decide to work together, take steps to gather critical evidence and pursue the appropriate legal action against the responsible parties.

Establishing Responsibility in Product Liability Cases

In product liability cases, there is the principle of strict liability. This means that a manufacturer can be held responsible for injuries caused by a defective product, even if they were not negligent in the design or manufacturing process.

To establish responsibility, you must typically prove that you used the product as intended and suffered injuries or damages as a result of the defect. The burden then shifts to the manufacturer to demonstrate that the product was not defective or that the defect did not cause harm.

Conclusion

When defective products cause harm or injuries, it’s important that we hold the responsible parties accountable. At The Callahan Law Firm, we understand the physical, emotional, and financial toll that these defective products can take on individuals and families. Our experienced Houston product liability attorneys are dedicated to protecting consumer rights and pursuing justice on behalf of those affected.

By holding these parties accountable, we not only seek justice for those affected but also promote a safer and more responsible environment for individuals and families. Don’t hesitate to reach out to us. We offer cost-free consultations to evaluate your product liability case. Contact us today to discuss how we can help you.

FAQ:

Who is liable for a faulty product?

In product liability cases, the party usually responsible for a faulty or defective product is the manufacturer. However, retailers and distributors can also be held liable in certain situations, such as if they knowingly sold a defective product or failed to provide necessary warnings.

Who is responsible for harm caused by a product?

The responsibility for harm caused by a product lies with the parties involved in its design, manufacturing, and distribution. Manufacturers are often primarily responsible for defects in design, production, or lack of proper warnings. Retailers and distributors can also be held responsible if they contributed to the defect or failed to exercise reasonable care.

What to do if a product is defective?

If you or a loved one have suffered a serious or catastrophic injury because of a defective product, it’s essential to take prompt action. Contact an experienced product liability attorney for assistance. .

How do companies deal with defective products?

Companies have various strategies for dealing with defective products, including issuing recalls, providing refunds or replacements, and implementing quality control measures to prevent future defects. However, if a defective product causes harm, companies may face product liability claims and be required to compensate affected consumers through settlements or jury trial verdicts.