What is a defective product?
A product liability or product defect case can arise in several different ways. Generally speaking, companies must:
- Design a product that is safe. This may seem like common sense, but products don’t magically become safe. Think back to cars before seat belts or trampolines before padding and netting. Products become safer over time—often after lawsuits.
- Manufacture a product that is safe. In other words, the company must ensure the product is not contaminated or broken during the manufacturing process in a way that would make it unsafe. Imagine a furnace that is cracked before it leaves the factory, which is later installed in a home and explodes.
- Provide adequate warnings and instructions about a product. Many people are accustomed to buying products with thick manuals and lots of warnings. That’s because companies have routinely, for centuries, manufactured products without telling the consumer about known dangers (e.g., cigarettes).
How is a product proven to be defective?
With very limited exceptions, a product liability or product defect case can only be proven through expert testimony. This means that the consumer (or their personal injury law firm) must hire an expert to offer an opinion on whether the product is unreasonably dangerous.
The expert usually needs to test or inspect the product at issue. Sometimes that is not possible. But more often than not, if a product is unavailable, it is very difficult to prove liability.
After the expert has tested or inspected the product, or done other investigation if the product is unavailable, then the expert will write a report and offer their opinion on whether the product is unreasonably dangerous.
Whether a product is unreasonably dangerous turns on a lot of different factors, such as alternative designs, whether competitors are using those alternative designs, the price of such alternative designs, third party and industry standards, and whether the consumer was misusing the product.
What if I didn't follow the manual?
To avoid product liability, companies must anticipate foreseeable misuse. In other words, if a consumer is using a product in a reasonable fashion, but perhaps not exactly as the company says they should, the consumer may still have a valid product defect case. After all, companies design products in a lab, but consumers use them in the real world.
As an example, most power tools have warnings that say to only use the tools on a level surface and to avoid reaching. But anyone who has done construction knows that a level surface is rare (stairs must be built somehow!) and reaching is unavoidable. As long as the consumer is acting reasonably, they may still be able to recover in a product liability or product defect case.
On the other hand, if a consumer is totally misusing a product—like not using the seat or the peddles on a bike—the consumer will very likely not have a winning product defect claim.
Hiring the Right Law Firm
Product defect claims are complicated. The evidence is highly technical, and even things that are ordinarily straightforward (e.g., the time limits for filing a claim) can be complicated.
Finding the correct defendant or defendants can also be complicated, as many foreign companies manufacture products overseas and then use a network of U.S. companies for distribution. Some products are also approved by a federal agency (e.g., the FDA approves pharmaceuticals), which adds another layer of complication when trying to prove that a product is unreasonably dangerous. This is known as “preemption.”
When choosing an attorney in a product defect case, make sure you go with an experienced firm you can trust. Cronauer Law is that firm. We work with extremely qualified experts to find evidence where nobody else looks, and then we make that evidence come to life.
Experienced Product Defect Lawyers
At Cronauer Law, we are an experienced personal injury law firm and civil rights law firm. Our team of dedicated legal professionals is committed to helping our clients receive the compensation they deserve for their product liability or produce defect case.
Free Consultation & No Win, No Fee
We offer a free consultation to discuss your product liability or product defect case and determine the best course of action. We also operate on a contingency fee basis, which means you don't pay us anything unless we win your case. You have nothing to lose by contacting our Austin office today.
Contact Us
If you have been injured and need an experienced personal injury law firm or civil rights law firm, contact us at our Texas office in Austin. We are available 24/7 to help you with your case.