Manufacturers have reached a new global scale recently with the amount of import and export activity occurring through online purchases. Overseas manufacturers are often not subject to the same restrictions as domestic manufacturers, although may still be held liable if their products were distributed with latent defects. If you or a loved one have been injured due to a manufacturing defect, you may be entitled to bring a claim for damages against the responsible company.
Product Liability Cases
Product liability cases often involve three different theories of recovery:
- Breach of warranty
- Strict liability
In negligence claims, an injured consumer must be able to prove that the manufacturer or store owner was negligent in the design, manufacture and promotion of the product. Breach of warranty claims have their foundation in contract law, and a victim may recover the amount of damages based on a claim that the manufacturer breached their warranty to the consumer.
The most often turned to theory of recovery is strict liability. In order to bring this claim, a victim must show:
- The product was defective;
- The defect existed prior to purchase; and
- The defect caused the victim’s injuries.
In many cases, the manufacturer is the responsible party for the defect that caused the serious injury or, unfortunately, even a fatality in tragic accidents.
The manufacturer plays a pivotal role in the design and construction of each product, whether it be a child’s toy or a medical drug. Children are unfortunately more susceptible to injuries that occur as a result of manufacturing defects since they have not yet developed the necessary warning signs when a product may be considered dangerous. Manufacturers must go through a rigorous testing process prior to distributing their products into the chain of commerce. The failure to adequately complete this testing process, or in missing a step, could subject the manufacturer to liability if an injury or death occurs from the use of their product. Drug manufacturers are held to an even higher standard of care when distributing a new drug due to the severe restrictions that the Food and Drug Administration has placed on new pharmaceuticals.
If you have been a victim of manufacturing defects, you may be able to claim the following:
- Medical expenses
- Lost wages
- Future earnings
- Pain and suffering
An experienced product liability attorney will be able to assist you in determining the full amount of damages that you may be entitled to pursue in a product liability claim.
Malley Law Firm | Houston Product Liability Attorney
If you or a loved one have been injured due to a manufacturing defect, do not hesitate to contact the Malley Law Firm. Tony Malley works closely with his clients during any product liability claim and will work tirelessly to ensure that the responsible manufacturer is held liable for your injuries. Contact our Beaumont or Houston offices today for your initial free consultation.