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Manufacturing Defects

Manufacturers of any product are obligated to check and double-check their merchandise before it’s shipped to avoid the distribution of any defective items. This is because products who contain a manufacturing defect could lead to a serious injury. It was stated by the Consumer Product Safety Commission (CPSC) that dangerous and defective products result in nearly 3 million injuries and 22,000 fatalities annually in the United States.

If you or someone you know has been injured by a defectively made product, then you could be entitled to compensation for your medical expenses, lost wages and pain and suffering. It’s time you hold the company or manufacturer who caused the injury responsible. Learn if you’re eligible for compensation by visiting an experienced personal injury attorney today.

Attorney for Defective Manufacture in Conroe, Texas

A defective or flawed product isn’t only unethical but is a danger to the public Defective products cause serious injuries in certain situation. In some cases, you can’t even tell the difference between a defective and functional product until an injury occurs.

That is why we highly recommend you gain legal counsel if you’ve been injured by a defective product. One option is to call Evans & Powell, PLLC, a group of reputable personal injury attorneys with years of experience in the courtroom. Call us now at (713) 622 - 2000 to set up your first consultation free or simply submit an online contact form.

Evans & Powell, PLLC represents people throughout the greater Montgomery County area including Conroe, The Woodlands, Willis, New Caney, and Splendora.

Overview of Manufacturing Defects in TX

  • Statistics for Manufacturing Defects in the U.S.
  • Common Examples of Defective Manufactured Products in TX
  • Filing a Suit for a Defective Manufactured Product in Texas
  • Additional Resources

Statistics for Manufacturing Defects in the U.S.

When you purchase a commercial product, you expect it to be hazard-free. Unfortunately, you may be surprised to learn that defective products find their way to shelves frequently. The Consumer Product Safety Commission (CPSC) stated that millions of people are injured due to defective products that range from badly constructed cribs to faulty automotive parts.

Listed below are some statistics gathered by CPSC regarding defective product related deaths in the United States for the year 2016 and 2017.

  • Approximately 240,000 children have been treated toy-related injuries;
  • 9,800 people were injured by defective ATVs in 2017;
  • 295 people died as a result of those ATV-related injuries;
  • It’s estimated about 6,400 defective pool or spa-related injuries occurred;
  • Approximately 350 people die from defective spa or pool-related injuries every year;
  • On average, 28,300 people are treated for injuries associated with “tip over” accidents, also known as instable furniture, such as cabinets that fall over or cribs that fall apart;
  • 540 people have died annually due to furniture instability or “tip over” accidents; and
  • Fireworks are involved in an estimated 11,000 injuries annually in the U.S.

Common Examples of Defective Manufactured Products in Texas

To understand what a manufacturing defect is, you must first distinguish it between a defectively designed product. Products with a defective design mean that the item’s original blueprint had a problem that would create issues with the functionality of the merchandise. Ultimately, this means the product itself is defective and shouldn’t be released to the public.

When a product is defectively manufactured, it simply means one product of the line somehow sustained a manufacturing defect that departs from its intended design. So, the design of the actual product may be safe, but the manufacturer acted negligent in some way and a product was able to leave the factory with a manufacturing defect. This means the manufacturer could be held liable if their product lead to another’s injury.

Listed below are some examples of products with a manufacturing defect.

  • Firearms made with faulty safety;
  • Food contaminated with illnesses such as salmonella;
  • Unstable furniture that tips over;
  • Material that contains asbestos;
  • Defective household cleaning products;
  • Cosmetics that irritate or burn skin;
  • Defective construction tools;
  • Defective medical products and devices;
  • Badly made automotive parts such as brake lights;
  • Pharmaceutical products with toxic chemicals;
  • Toys that contain toxins or could pose as a choking hazard; and
  • Poorly manufactured pool parts

Filing a Suit for a Defective Manufactured Product in Texas

If you want to file a claim for your injuries, you must first determine who is at fault for the defective manufactured product. Typically, it will be either the manufacturer of the product. However, in some cases it can also include the wholesaler or retailer for putting the product on the shelves. Once you find out who is at fault for your suit, you can file a demand letter to them asking for compensation for your damages.

Most companies and manufacturers contest demand letters. If this happens, you can collect evidence and file a suit against them establishing that:

  • The product had sustained an unreasonably dangerous defect that occurred during the item’s manufacturing, shipping or handling;
  • This defective product caused your injury even though you were following the manufacturer’s instructions on how to use it properly; and
  • You suffered emotionally, physically and financially because of this injury

It’s highly recommended you secure legal counsel if you find yourself injured by a defective product. Often manufacturers and companies will have large legal teams surrounding them in case of a lawsuit. Having a skilled product liability attorney can drastically change your chances of receiving a settlement because they can do the bulk of the work for you. This can include collecting evidence, filing motions, calling on witnesses, and taking depositions.

If you’re able to sway the court to your side, then you could be granted a monetary settlement to cover all your damages. These “damages” are simply are losses you suffered because of the injury. It can include both financial losses such as medical bills and emotional suffering such as mental anguish. The following are some damages your settlement may cover:

  • Medical expenses;
  • Rehabilitation costs;
  • Handicap installations;
  • Counseling;
  • Loss of wages;
  • Pain and suffering;
  • Loss of enjoyment for life; and
  • Loss of consortium

Additional Resources

Defective Product Statistics in the U.S. – Visit the official website for the United States Consumer Product Safety Commission (USCPSC) to read research and statistics surrounding defectively manufactured products. Access the site to learn more about injuries related to pool products, toys, nurseries, fireworks, furniture, décor, kitchen ware and public facilities.

Product Liability – Visit the official website for the American Bar Association (ABA) to read more about product liability. Access their site to see generally what product liability is, what a typical case is, what you should do if you’re injured by a product and more.


Product Liability Lawyer in Montgomery County, Texas

It may seem daunting to go up against a major company or manufacturer, but it’s important the people who are responsible for your injury are held accountable. Hire strong legal representation to fight for you by calling Evans & Powell, PLLC. We have skilled and knowledgeable product liability attorneys who can collect evidence and battle for the compensation you deserve.

Get in touch with us by dialing (713) 622 - 2000. We will set up your first consultation free to discuss if your case is eligible for a settlement. Evans & Powell, PLLC practices in Conroe and throughout the greater Montgomery County area including Willis, New Caney, Montgomery, and The Woodlands.


 

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