How Do I Know If I Have a Defective Product Claim?

Every year, millions of Americans are injured due to a defective product. From pharmaceuticals to mattresses, the items we purchase sometimes do more harm than good, leading to medical bills, lost wages, pain and suffering, and more.

Unfortunately, not everyone understands they have a right to seek compensation for these damages. They feel helpless, forced to deal with the consequences of corporate negligence.

At Patrick Daniel Law, we’re here to change this. We bring a Strategic. Meticulous. Merciless. approach to helping victims of defective products pursue the compensation they need and deserve for their damages.

If you have been injured by a defective product, we’re here to provide the guidance and legal knowledge you need to find the best path forward. Call (713) 999-6666 today for a FREE consultation on your claim. Our product liability attorney in Houston is proud to represent clients throughout Texas.

What Is a Defective Product?

At its most basic, a defective product is any product that poses an unreasonable danger when used appropriately by consumers.

There are three main categories of defective products:

• Defective design: These defects occur when the nature of how the product was designed makes it unreasonably dangerous.
• Manufacturing defects: With these defects, the product may be designed safely, but some part of the manufacturing process—whether that be with the individual parts used, the assembly, or quality control—created a dangerous situation for consumers.
• Failure to warn: When manufacturers fail to inform consumers of potential dangers when using their products, this can also constitute a “defective product.”

It may not be immediately clear why a product was defective, which is why a thorough investigation of the product and its defect is a critical first step.

What Are Some Examples of Defective Products?

While you should always rely on direct input from a defective product lawyer on your specific situation, some examples can make it easier to understand these types of claims. A few examples to consider:

• Example of defective design: A three-wheeled ATV is designed in such a way that it is prone to flipping over, even when the operator makes no mistakes or errors in judgment.
• Example of manufacturing defect: A car tire that is properly designed is made with low-quality rubber that causes it to unexpectedly blow out while driving.
• Example of failure to warn: A pharmaceutical drug carries a risk of complications, but the manufacturer fails to warn patients.

Some of the types of products that are commonly associated with defective products include:

• Motor vehicles & parts
• Medications
• Medical devices
• Appliances
• Children’s toys
• Commercial tools
• Industrial & agricultural equipment
• Tobacco products
• Herbicides and pesticides
• And more

Technically, any product can be defective, resulting in serious injuries because of negligence on the part of the manufacturer or another party. In these situations, you may be eligible for a product liability claim.

Read More: How Do Companies Deal with Defective Products?

What Is Product Liability?

Product liability claims give injured consumers a legal right to pursue compensation for damages due to a defective product. These claims can be filed against manufacturers, distributors, retailers, or any other party responsible for the presence of defective products on the market.

The damages you are able to recover in a product liability claim include both economic and non-economic damages, such as:

• Medical bills
• Lost wages, along with loss of future income
• Property damage & out-of-pocket expenses
• Pain & suffering
• Emotional trauma
• And more

If you have lost a loved one due to a defective product, you may also be able to recover compensation through a wrongful death lawsuit.

Read More: What Is the Texas Product Liability Law?

How Do I Know If I Have a Valid Product Liability Claim?

Product liability claims are often complicated because of the parties involved—typically large manufacturers with deep pockets and teams of lawyers—and how challenging it can be to determine responsibility.

You’ll hear terms like “as intended” or “reasonably foreseeable.” These phrases play a major role in determining liability—but they’re often vague, open to interpretation, and hotly debated. However, most product liability claims are based on the standard of strict liability, which does not require a claimant to prove negligence. Instead, you must only prove that:

• The product was defective
• The defect made the product unreasonably dangerous
• The defect led directly to your injury while being used as intended, resulting in actual damages, such as medical expenses

Not all defective product claims are strict liability claims, so it’s important to discuss the details of your claim with a product liability attorney to determine your options and next steps.

How Do You Prove a Product Is Defective?

Regardless of whether your claim is based on negligence or strict liability, you will need to prove that the product was, in fact, defective. There are a few ways to go about this:

• Expert analysis of the product’s design and manufacturing
• Evidence that shows similar incidents or recalls
• Documentation of the defective product and the injuries you sustained from it

Ultimately, the best way to prove a product was defective will depend on the unique circumstances surrounding the product and your damages.

Read More: What Should I Do with a Defective Product?

How Can a Defective Product Lawyer Help?

Defective product claims are complicated, and you will most likely find yourself up against a large corporation doing whatever it can to avoid admitting fault or paying you compensation. A product liability lawyer can help by leveling the playing field and giving you the legal firepower to protect your rights and pursue the compensation you need and deserve.

Beyond proving that a product was defective through an in-depth investigation, a product liability attorney can help further by:

• Determining how much compensation you deserve
• Negotiating with insurance companies
• Recruiting expert witnesses
• Building a strong case backed by legal principles
• Filing a lawsuit and taking your case to court, if necessary

It is imperative that you work with a trial lawyer who is ready and willing to take the case to court if the other party refuses to negotiate in good faith.

Contact Patrick Daniel Law Now

Defective product claims come down to this: Was the product dangerous when it shouldn’t have been—and did that lead to your injury?

If a dangerous or faulty product caused you harm, you may have the right to pursue compensation—but don’t expect the manufacturer or their insurer to make it easy. They’ll deflect, deny, and do everything possible to protect their bottom line.

At Patrick Daniel Law, we build powerful cases, hold corporations accountable, and fight for the compensation you deserve. If you or someone you love has been injured by a defective product, don’t wait. Contact us today for a FREE case evaluation.