Defective Product Injury Attorney in Dallas
If you have been injured, through no fault of your own, by a defective product, you may have a valid product liability claim. With product liability cases, an important question is whether the product was defective due to a design flaw, a mistake in the manufacturing process, or inadequate warning labels.
Understanding the difference between a defect in the design and a defect in the manufacturing process is tricky and perhaps best illustrated by example. The recent product liability lawsuits against Toyota about the cars that accelerated unexpectedly involved a design flaw. The gas pedal in those vehicles had a design defect that caused the cars to accelerate quickly and without warning to the driver. A manufacturing defect, on the other hand, is due to an error that occurs during the manufacture of a product that has an otherwise safe design. For example, a blender with a missing retention ring would be dangerous because of a manufacturing defect.
Inadequate warning cases are somewhat easier to understand. Basically, if a product is designed and manufactured properly but is still dangerous to a consumer if the consumer is not adequately warned of how to use and not use the product, there may be liability for failure to warn. A fairly common example of a product with inadequate warning labels is medication that does not warn of potential side effects or contra-indications with other medications.
Recoverable damages in a product liability case may include: medical bills and lost wages, compensatory damages for pain and suffering, and sometimes exemplary damages (also known as punitive damages) if the defendant’s conduct is so egregious that public policy and state law allow for the defendant to be punished. Click here to contact your Dallas defective product injury attorney.