Hazardous & Defective Product Injuries
Austin Injury Lawyers Protecting Victims
It is inevitable that some products will be defective or unsafe, even with
regulations and laws. For this reason,
personal injury law includes product liability, which deals with incidents involving defective
or unsafe products. The manufacturers, wholesalers, and retailers of products
may be held responsible for damages and injuries resulting from the use
of defective products.
The products covered in this area of law include, but are not necessarily
- Real estate
- Most types of consumer products
About Product Liability
Under product liability law, anyone injured by the use of a product may
seek financial recovery. Proof of negligence is also not required in many
cases. This is due to product liability's frequent legal classification
as "strict liability." This means that negligence is of no consequence
and the manufacturer is expected to make a safe product. If a product
caused injury, and was used as directed, the manufacturer is responsible
Use of a product in a way other than that intended by the manufacturer,
or alteration of a product may void strict liability. It may also make
it impossible to prove that injuries were caused by defects in the original
product as purchased. The defense may be able to successfully claim that
the injuries were caused by the acts of the plaintiff.
Get started on your case by calling (512) 640-2050 to get in touch with an Austin product liability lawyer!
Negligence & Product Liability
Not all cases of product liability qualify as strict liability. For this
reason, questions of negligence and breach of warranty may also be grounds
to claim damages under product liability. Regarding negligence, if it
can be demonstrated that a company was negligent in the testing of its
product or in providing directions for its safe use, the injured party
likely has grounds for filing suit.
In much the same way, by selling a product, a manufacturer implies a "warranty
for fitness of use" and freedom from defect. Should the item prove
to be defective or unfit for its intended purpose, an injured user may
file a product liability case. In the case of negligence, the plaintiff
must be able to show that the product was defective when it left the control
of the party he is suing.
Causes of Hazardous Product Injury
Various areas of defect are possible in product liability. It is required
to demonstrate the product's defect as well as what renders the product
unreasonably dangerous for its intended use.
Generally, a product may be considered unreasonably dangerous in three
Manufacturer's failure to warn about danger. This is an obvious expectation put on manufacturers and sellers. They
must also provide consumers with clear and adequate instructions for use.
Failure to observe this can easily turn an otherwise useful product deadly.
For example, engine coolant is very useful in automobiles, but is also
highly toxic. The failure to print warnings declaring this toxicity could
lead to an accidental poisoning and thus product liability.
Design defect. In a design defect, the product in question must have been perfectly
manufactured, but the design itself is hazardous. Recent, well-known examples
of this are poorly placed gasoline tanks and defective tires.
Manufacturing defect. In this type of defect, the problem occurs during manufacture, turning
an otherwise safe product dangerous. An automobile wheel installed with
bolts either missing or cross-threaded is a common example.
Get the Help You Need From Komie & Morrow, LLP
Successful litigation of any product liability case requires that the product
be preserved along with all paperwork showing its origins. Such documents
may include receipts showing purchases, repairs, and other changes. These
are vital to building a successful case.
& Morrow today at
for a free consultation or simply fill out the