The litigators at Fisher, Boyd, Johnson & Huguenard, LLP in Houston, Texas provide effective representation to consumers, workers, and others who have been harmed by dangerous and defective products or product components. Our products liability lawyers have national reputations for obtaining excellent results for those who have been injured or lost a loved one as the result of a defective product.
Design, Manufacturing & Repair Defects
Manufacturers and suppliers of products have a duty to make sure that their products are safe for use and consumption. However, due to design flaws or manufacturing errors, some products are dangerously defective and should never have entered the marketplace. Each year, unsafe products seriously injure many people, and tragically, products with design flaws or manufacturing defects also cause a significant number of personal injuries and wrongful deaths. Victims of product defects may be entitled to recover damages from the manufacturer, distributor, seller, or installer of the product. If an injury resulted from the negligent repair on the product, compensatory damages may also be sought from the person or company that performed the repair.
Products liability claims are often classified by cases of design defects and cases of manufacturing defects. In a design defects case, the product has an inherent design flaw that is dangerous to everyone using the product. In a manufacturing defects case, the design may be safe, and accordingly, most of the product produced is safe; however, one item or one batch of items is manufactured improperly, causing those particular items to be dangerous.
Failure to Warn & Failure to Conform to Representation or Warranty
Manufacturers also have a duty to warn consumers of non-obvious risks associated with the use or foreseeable misuse of a product. Not only must products contain a warning of such risks, but the warning must be adequate, and in some cases, must include instructions for safe use. If a manufacture, or sometimes a supplier, fails to provide adequate warnings or instructions, a consumer who is harmed may bring a products liability claim to recover money damages for his or her injuries and pain and suffering, as well as resulting economic losses.
A manufacturer may also be liable for harm caused by a product if the product fails to conform to any representations or warranties the manufacturer made about the product. Generally, this means that the product must be fit and safe for its ordinary use or purpose as expressed by the manufacturer. A manufacturer may be held liable for a product that is defective under this theory even if it did not act fraudulently, recklessly, or negligently in making the representation.
Third Party Liability
In some cases, defective products contribute to accidents caused by more than one factor. For example, an airplane crash may occur if the plane is not properly fueled before takeoff. Subsequently, a flaw in the airplane’s fuel gauge may also be discovered. In this situation, the manufacturer of the fuel gauge may be responsible for injuries caused by the defect. Similarly, if a maintenance technician fails to properly inspect an aircraft, and the failure contributes to an accident, victims may recover from the technician and/or the airline that is the technician’s employer. In every case, we thoroughly assess the circumstances surrounding an accident, utilizing experts when necessary, so that our clients may recover from every liable party.
Seek Experienced, Effective Representation
Our firm has helped hundreds of clients recover after being injured by a dangerous product. We are skilled litigators who emphasize thorough investigation and diligent case preparation. Please contact Fisher, Boyd, Johnson & Huguenard, LLP for more information about potential products liability claims.