Product Liability FAQs
What is product liability?
Product liability is an area of law focused on holding manufacturers responsible for the harm that results when unsafe products reach consumers. Product liability takes into account how a product is designed, tested, manufactured and sold to consumers.
What should I do if I am injured by a potentially defective product?
If you were harmed by a product you believe may be defective, the first step you should take is to seek medical attention. You should also document as much information as you can about the circumstances of your injury, including taking photos or video of your injury and recording details about how the injury occurred. Contact Houston product liability attorney Tony Malleyas soon as possible following your injury; Mr. Malley can assess your situation, determine if you have the grounds for a lawsuit, and help you seek financial compensation for medical costs, lost income, pain and suffering, and other damages.
What makes a product defective?
A product may be considered defective if, when used for its intended purpose and according to directions, it results in injury.
How do faulty products reach consumers?
Despite the safeguards of agencies such as the U.S. Consumer Product Safety Commission (CPSC) and the Food and Drug Administration (FDA), the ultimate responsibility for ensuring products are safe for consumer use generally falls with the product designer, manufacturer and/or merchandiser. Defective products and resulting product liability lawsuits are typically the result of:
- Product design defects
- Improper manufacturing or assembly
- Product contamination or tampering
- Faulty marketing such as incomplete instructions or inadequate safety warnings
If I am harmed by a product that contains a safety warning, can I still seek compensation?
Safety warnings and disclaimers do not shield a company from liability. Manufacturers have been known to understate the risks of certain products or outright conceal some potentially severe side-effects in favor of listing less dire complications.
What if my family member dies as a result of using a defective product?
Many defective consumer products, from auto parts to drugs and medical devices, cause the deaths of innocent consumers. If a family member died due to a defective product, you may be able to seek financial compensation through a wrongful death lawsuit.
If you were injured or a family member was killed due to the use of a defective product, please contact the Malley Law Firm to schedule your free case consultation. Personal injury attorney Tony Malley is proud to represent clients from Houston and Beaumont, Texas, and throughout the United States.