Manufacturers have a legal responsibility to provide the public with safe, working products. When manufacturers either knowingly or unknowingly provide customers with a defective, dangerous product, they may be held legally responsible for any preventable damage. Design defects are inherent in the design of the object, and will likely occur in most instances of manufacture. Accordingly, this type of defect is legally referred to as a “planned” defect and this opens up product liability cases.
If you or a loved one has been injured by a defective product, you may be able to pursue financial compensation through a civil lawsuit against the manufacturer. A New Braunfels design defect attorney of the Burch Law Firm can help you to better understand your legal rights and options. Contact us by calling 830-629-0955 today.
Design Defect Cases in Court
In order to successfully establish in court that the product was produced with an inadequate or dangerous design, you must demonstrate two things:
- The product’s design was inferior prior to production.
- The manufacturer had initial knowledge that the product was dangerous prior to distribution.
- The product was being used properly and for its intended purpose.
- There is a safer design alternative.
Products distributed with design defects can malfunction and cause serious injury to consumers. Manufacturers who distribute dangerous and defective products should be held legally responsible for their negligence.
Design Defects and Texas Law
When people purchase products, they expect them to be safe and work as they were intended. People do not expect to purchase something only for it to cause serious injuries later. While some products might have risks — like a ladder or knife — the product’s design should mitigate any risk to the consumer.
All too often, however, dangerous products are placed into the market place. Texas residents use these products and get hurt. In some cases, the product’s actual design is faulty. It is this faulty design that eventually leads to injuries. When a design defect causes an injury to a Texas resident, that person may be able to collect compensation from the company for the injuries.
Under section 82.005 of Texas’ Civil Practice and Remedies code, it is the duty of the consumer to prove the design defect. In order to collect compensation in these cases, the law says that the person must prove that design defect was the direct cause of the person’s property damage, personal injury or death. This must be shown by a preponderance of the evidence.
In addition to showing causation, a person must also prove that a more safe alternative design existed for the product, by a preponderance of the evidence. Under this section, this design must have been technologically available and economically feasible when it was first produced. Additionally, the design must have greatly reduced the injury risk to the person without changing how the product functions.
These can be difficult standards to prove. People who have been injured by a defective product should make sure they understand their rights under product liability laws. An attorney can help people understand if they have a claim and what evidence they need to present.
Contact Us
If you or a loved one has been injured by a defective product, contact the New Braunfels design defect attorneys at the Burch Law Firm today. Our lawyers have been representing individuals in personal injury cases since 1990. Call 830-331-5936 to schedule an appointment today.
