Dangerously defective products injure or kill victims every day. The law of product liability is part of the law of personal injury. It governs who is responsible for an injury or death caused by a dangerously defective product.
How a Product Can be Dangerously Defective
If a product is determined to be dangerously defective, strict liability can attach. That liability extends to everybody in the stream of commerce, from the manufacturer of the product down to the retailer. Even manufacturers of component parts can be held liable. According to a product liability lawyer in Lubbock, TX at Kyra K. Blankenship Attorney, a product can be determined to be dangerously defective in one of three ways:
• Design defects from the plans. When a design defect exists, all of the products are dangerously defective.
• Manufacturing defects when something goes wrong during the manufacturing process. Only a handful of the products will be dangerously defective.
• Marketing defects from poor instructions or a failure to warn of the product’s dangerous propensities.
Defenses
There are defenses to strict product liability. Two frequently used defenses include modification and misuse of the product. Modification might be something like taking a safety guard off of a power saw, and misuse might involve using a pair of pliers to pound a nail.
Proving a dangerous defect in a product and overcoming defenses is complex legal work. If you believe that you were injured while using a dangerously defective product anywhere in Texas, contact a product liability lawyer in Lubbock, TX at Kyra K. Blankenship Attorney to arrange for a free consultation and product liability case review. All of your questions will be answered, and your legal options will be fully explained.
