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Defective Design

A commercial product should go through rigorous testing before it’s put on shelves to ensure there are no defects in the design. However, some products can be released to the public despite the fact it has a defective design that could lead to injury. For example, a child safety harness with a poorly designed buckle could fall apart during an accident and cause severe injury if it’s available for the general public.

All companies are obligated to double and triple check their products to ensure their designs are not just functional, but also safe. We as consumers expect the commercial products available to us are safe to use because of federal regulations, so when a company fails to follow these or acts negligently, they could be held liable. If you or someone you know has been injured by a defective product, then it’s highly recommended you seek help from an experienced personal injury attorney today.

Product Liability Attorney for Design Defects in Conroe, TX

A design defect lawsuit is often extremely technical and can be very complicated. Because of this, it’s highly advised you seek skilled legal counsel before you file a suit against your employer. With a skilled product liability attorney, you can obtain a monetary settlement that could cover all your losses since the injury.

Get in contact with the attorneys at Evans & Powell, PLLC for effective and efficient representation. We have years of personal injury practice under our belts that we can utilize for your case. To get in touch with us, call (713) 622 - 2000. We will set up your first consultation free. Evans & Powell, PLLC practices throughout the greater Montgomery County area including Conroe, Montgomery, New Caney, Magnolia and Willis.

Overview of Design Defects in Texas


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Examples of Products with Defective Designs in the U.S.

It’s a rare event, but products with defective designs can hit retailer shelves. The United States Consumer and Product Safety Commission (USCPSC) released a report which stated that approximately 3 million people have been injured by products. The data also showed that 22,000 of them died as a result of their injuries annually. These statistics, while jarring, show how common it is for defectively designed products to make their way to shelves.

  • Toys that pose as choking hazards;
  • Children products that contain toxins;
  • Cars with an infrastructure that makes them easy to flip over;
  • Sunglasses that fail to protect the eyes from ultraviolet rays;
  • Pharmaceuticals with unlisted side effects;
  • Medical devices that fail due to unsound design;
  • Structurally unstable furniture;
  • Electric blankets causing third degree burns or electrocution;
  • Ovens with open wires or that are prone to melting; and
  • Child’s car seat that fails to stay secure when hit with force

It’s imperative you understand that a company with a defectively designed product can only be liable if there was a foreseeable risk posed by the product that could have been avoided if the manufacturer adopted an alternative design. In addition, the alternative design must at least be feasible by the manufacturer and somewhat affordable.


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How Do I Prove a Product Had a Defective Design?

You may be able to receive a monetary award to cover the damages you’ve suffered from your injury. To do this, you will have to file a suit against the company, manufacturer or whoever is at fault for the defective design that lead to your injury. The purpose of the lawsuit is to prove that the company’s negligent design choices were the reason why you sustained an injury.

It’s highly recommended you seek a product liability lawyer if you’re looking to file a suit for a defective design against a company. A skilled personal injury attorney can assess the case, collect evidence, call expert witnesses, take depositions and do whatever possible to prove the following elements:

  • The company or manufacturer designed the product as intended;
  • There existed an alternative design that would have made the product safer;
  • The alternative design was feasible and affordable to both the company;
  • Despite the alternative design being available, the company or manufacturer still chose to adopt the initial unsafe design;
  • You bought this product and used it as instructed by the manufacturer or company;
  • The initial product’s design was dangerous for its intended use; and
  • The defective product’s design was the reason for your injury

If you and your attorney persuade the court, then you may be granted a monetary settlement to cover your damages. These damages are simply any losses you’ve experienced since the injury. They can include both tangible losses such as medical expenses or intangible losses such as emotional suffering.

Listed below are some damages that could be included in your monetary award.

  • Medical expenses;
  • Lost wages;
  • Loss of earning capacity;
  • Rehabilitation costs;
  • Pain and suffering;
  • Loss of quality of life; and
  • Loss of consortium

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Other Types of Product Liability Suits

If you believe a product harmed you but it wasn’t the design, then your case may qualify for another type of product liability suit. A manufacturer or company can be held liable for warning label defects and possible manufacturing defects that cause injury. The following is more detailed information about other types of product liability under personal injury law.

  • Warning Label Defects – Companies implement warning labels to notify the public of any possible risks or dangers associated with the product upon use. If a company doesn’t utilize the appropriate warning labels, then a person could end up being seriously injured because they’re unaware of the possible dangers. For example, toys that are choking hazards to children under the age of 5 are required to have a warning label under the federal law.
  • Manufacturing Defects – Not all product defects have to do with the design. Some defects associated with products are related to the manufacturer. If one product out of a line is an anomaly and has a manufacturing defect from the initial design, then you may be able to file a suit for injury by a manufacturing defect. For example, a bike out of a line with improperly installed chains and gears could lead to serious injury.

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Additional Resources

Product Recalls in the U.S. – Visit the official website for the United States Consumer Product and Safety Commission (USCPSC) to access their recall list. Enter the site to learn what products have been recently recalled, why they were recalled, remedies for consumers and how many units have been returned to stores.

Texas Rules of Civil Procedure – Visit the official website for the Texas Courts to learn more about the Rules of Civil Procedure. Access the site to learn more about the rules of civil court, how to file a suit, how to respond to a suit and the deliberation process of the final decision.


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Personal Injury Lawyer for Defective Designs in Conroe, TX

If you or someone you know has been injured because of a defectively designed product, then it’s imperative you get in contact with a personal injury attorney. A product liability lawyer can assess your case to see if you qualify for a monetary award. For an experienced and skilled personal injury attorney, we suggest you contact Evans & Powell, PLLC.

Our lawyers have years of experience, resources, and the right knowledge to fight for what you deserve. We can examine your case and decide what the next best step forward is. To contact us, please call (713) 622 - 2000 and we will set up your first consultation free. Evans & Powell, PLLC has offices located in Conroe, but practice throughout the greater Montgomery County area.


 

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