Defective Product Liability

In manufacturing products intended for consumers like you, companies have a responsibility to ensure that they are distributing goods that satisfy the standard of safety that you expect. When a dangerous or defective product causes an injury to you or someone you love, it's important to claim the justice you're due.

Types of Product Defects

Did you know that you don't have to be the purchaser of the product to recover damages in product liability proceedings? Anyone injured by the product is fully within his or her rights to seek compensation. It also helps to be well-informed of the various types of product defects that may result in injury.

  • Design defects. These exist in products from the earliest stages of their creation: design. If you and I can prove there's a cost-effective, alternative design that would've prevented injury, then we've got a case to work with.
  • Manufacturing defects. When a product doesn't adhere to an initial design, or even the manufacturer's own specifications, these defects can occur. Manufacturing defects can be the easiest to work with, since we can look directly at the design or manufacturing standards to prove the product was defective. The law uses the doctrine known as "res ipsa loquitur" ("the thing speaks for itself") to prove how and why someone may have been negligent during the product's manufacture.
  • Marketing defects. These defects include failures to label products properly. Instructions that prove to be insufficient for intended use or a failure to warn of danger are both causes for a product liability claim.

Injured by a product you thought was safe?

Contact Me

Common Defenses to Your Product Liability Claim

Manufacturers will do whatever it takes to protect themselves. Their defenses they may use include:

  • Insufficiently identified manufacturers or suppliers. You and I must be able to make a direct connection between the party or parties responsible and the product itself. The only exception to this rule applies in cases of defective medications. When you cannot identify which pharmaceutical company supplied your defective medication, all pertinent companies will be held responsible according to sales percentages. This is known as the "market share liability" exception.
  • You altered the product. If you altered the product in any way, manufacturers will purport that this change resulted in your injury.

More often than not, product liability actions are complex and require the legal expertise of a trusted attorney. Don't hesitate to call me for a free consultation so we can navigate the intricacies of your case together.

Houston’s Trusted Defective Product Liability Attorney

Among the stages of any product’s lifespan (design, manufacture, and marketing) there is the possibility something may have gone wrong. The resulting injury is more than enough to seek adequate representation. Here in Houston, turn to The Law Offices of David P. Petersen for your defective product liability case. Don’t hesitate to call me today. I’ll be on the other end of the line to schedule your free consultation.