Defective products injure thousands of people every year in the United States from faulty medical devices and unsafe children’s toys to exploding batteries and contaminated food. Many of these injuries lead to personal injury lawyers, where manufacturers, distributors, or retailers are held legally responsible for the harm their products cause. If you’ve been injured by a dangerous or defective product, understanding your rights is crucial and product liability attorneys want you to know that you may be entitled to compensation.
Understanding Product Liability
Product liability law allows consumers to seek damages when a product causes injury due to a design defect, manufacturing flaw, or failure to provide adequate warnings or instructions. The goal of these laws is not only to compensate the injured but also to hold companies accountable and ensure public safety.
A product liability lawyer can help determine whether your injury qualifies for legal action. They evaluate the facts of the case, gather evidence (including product documentation, witness testimony, and expert opinions), and identify liable parties. In many instances, a product liability lawyer will uncover systemic issues such as widespread defects or negligence that go beyond your individual injury.
Types of Product Defects
There are three main types of product defects that can form the basis of a liability claim:
- Design Defects – These are flaws in the product’s design that make it inherently unsafe, even when used as intended. A well-known example is the recalled Takata airbags that could explode and send shrapnel into the vehicle cabin.
- Manufacturing Defects – These occur when a product is properly designed but something goes wrong during production, such as contaminated medication or a cracked bicycle frame.
- Failure to Warn (Marketing Defects) – This involves a lack of instructions or warnings about non-obvious risks. For example, if a medication doesn’t list all known side effects, consumers may unknowingly put their health at risk.
Your product liability lawyer will determine which of these defect categories applies and what evidence is needed to support your claim.
Your Legal Rights as a Consumer
In most states, including Texas, you have a limited time, often two years from the date of injury to file a product liability claim. This is known as the statute of limitations. Acting quickly is important, not only to preserve your rights but also to ensure that key evidence (such as the defective product itself) is preserved.
You also don’t need to have purchased the product yourself to file a claim. Even bystanders injured by defective products such as exploding batteries or shattering glass may have grounds for a case. A product liability lawyer can clarify your specific rights and options based on the circumstances.
Government Oversight and Recalls
One essential resource for both consumers and attorneys is the U.S. Consumer Product Safety Commission (CPSC). The CPSC monitors product safety, enforces federal safety standards, and issues public recalls. The agency’s database includes valuable information about recalled items, incident reports, and consumer safety alerts, all of which can support product liability cases.
Whether you’ve been injured by a household appliance, a prescription drug, or a defective auto part, consulting with a product liability lawyer can help you protect your rights, understand your legal options, and pursue the compensation you deserve.
Veeramachineni Lalitha
I am Finance Content Writer. I write Personal Finance, banking, investment, and insurance related content for top clients including Kotak Mahindra Bank, Edelweiss, ICICI BANK and IDFC FIRST Bank. My experience details : Linkedin