How Do Companies Deal with Defective Products?

Pile of defective products. | Patrick Daniel Law
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Defective products can cost a lot more than they are worth. When a faulty product injures or kills a consumer, not only are there medical bills and/or funeral expenses to pay, but there is also the innumerable value of the lives affected and lost.

When a company manufactures and/or sells a defective product, it may balk at the cost of pulling the product off the shelves or repairing or replacing it. However, that cost will be far less than the damages they may be liable for should the product injure or kill someone.

If you or a loved one has been injured by a defective product in Houston or elsewhere in Texas, it’s time to contact a product liability lawyer. Call Patrick Daniel Law at (713) 999-6666 for a FREE review of your case. We are consumer safety advocates experienced with Texas product liability law.

Read More: What Is the Texas Product Liability Law?

What Do Companies Do with Faulty Products?

No matter when or how a defect in a product is discovered, putting things right will be expensive. To salvage the reputation of its brand and mitigate potential consumer injuries, a company should take immediate action.

Recalls, market withdrawals, and safety alerts will be pricey, but that price pales compared to the many losses that could be sustained if the product is left on the market. Devastating injuries to consumers will cost more than money. A product recall can protect consumers, help avoid hefty litigation costs, and restore the brand’s name and reputation.

Unfortunately, some companies may choose not to do what’s right for their customers. Instead, they may try to cover up their negligence or shift the blame to another cog in the production process. Some may even blame the injured consumer. If any of these are the case, the only recourse is to pursue litigation and compel those liable to take responsibility.

When a Company Manufactures or Sells a Defective Product, What Is Their Responsibility?

One of the difficulties when establishing a product liability case is determining who is responsible for the defect. Before we purchase a product, it has been through the hands of multiple companies. From design to manufacturing, assembly to distribution, and sales to marketing—it can be taxing to try to sort out where the problem began.

However, most defective products will fall under one of these categories:

  • Design defect
  • Manufacturing defect
  • Improper or lack of warning

Once the impetus of the defect is discovered, it becomes easier to establish the party or parties to hold liable. Determining legal responsibility is only one factor of a products liability action.

A products liability action is “any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product,” according to Section 82.001(1) of the Texas Civil Practice & Remedies Code.

If a company is proven liable for a defective product, it may be held responsible for the damages the product causes. Damages like:

  • Medical expenses
  • Lost wages
  • Property damage
  • Pain & suffering
  • Scarring & disfigurement
  • Emotional trauma
  • Loss of consortium

In the unfortunate case of the wrongful death of a loved one, damages that may be recovered include:

  • Medical expenses
  • Loss of income, financial support, & inheritance
  • Costs of a funeral service & burial or cremation
  • Loss of love, guidance, & care
  • Emotional anguish
  • Pain & suffering in your loved one’s final moments

It is essential to contact a defective product lawyer who can thoroughly investigate your case. An experienced attorney can establish who is liable and assemble the necessary elements to pursue compensation on your behalf.

What Happens If a Product You’ve Purchased Is Defective?

If a conscientious company has discovered a defect with one of its products, it may issue a product recall. Through the recall, they accept the financial burden of replacing, fixing, or reimbursing consumers for the defective goods.

Because of the high cost of a recall and the inevitable damage to the brand’s reputation, many companies will resist an issuance. They may even argue when a watchdog agency demands that they issue a recall.

Despite the resistance, the U.S. Public Interest Research Group (PIRG) reports that the Consumer Product Safety Commission (CPSC) alone announced 292 product recalls in 2022. 22% of those recalls involved injuries or death.

Institutions like the CPSC, U.S. Department of Agriculture (USDA), U.S. Food and Drug Administration (FDA), and National Highway Traffic Safety Administration (NHTSA) attempt to hold these greedy companies accountable. Unfortunately, companies will sometimes ignore their recommendations.

The CPSC and NHTSA have the ability to obtain court orders to force recalls. The USDA and FDA, meanwhile, can seize questionable products and stop a product’s distribution, respectively, if they deem it necessary.

Sadly, many of these recalls take months to be issued and even longer for word to circulate. Numerous consumers continue to be injured months or even years after a recall has gone out.

As a result of all this dodging and red tape, it is vital for those injured by a defective product to pursue justice through a product liability action. They are not simply seeking recompense for the damages they’ve suffered but calling attention to the defective product and possibly protecting other consumers in their pursuit.

Read More: Famous Product Liability Lawsuits

Why Should You Hire a Defective Products Lawyer?

Product liability claims often involve multimillion-dollar corporations that value their profits over the well-being of the consumers they serve. They will do everything in their power to minimize and delegitimize your case. It can feel daunting, but with the assistance of an experienced defective product attorney, you needn’t worry.

You should consider hiring representation in order to:

  • Determine where the product flaw originated and who is to blame.
  • Establish causation between the defect and your injury.
  • Ascertain if the case can be tried on the grounds of negligence, breach of warranty, misrepresentation, strict liability, or any combination thereof.
  • Negotiate with aggressive, high-powered defense attorneys on your behalf.
  • Gain access to experts who can aid in identifying the origination of the flaw.

If you’ve been injured or a loved one has been lost due to a defective product, we urge you to take the following steps as soon as possible:

1. Keep the product if you can do so safely.

Store the product for examination at a later date by our experts.

2. Gather and keep all documents related to your product.

Include proof of when and where you bought it. These documents could include the following:

  • Receipts
  • Invoices
  • Prescriptions
  • Warranties or contracts
3. Hire Patrick Daniel Law to hold negligent companies accountable!

Our law firm is strategic, meticulous, and merciless, with extensive experience navigating the complexities of defective product litigation. We develop winning strategies for settlement negotiation while preparing to go to trial if necessary.

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

In addition to representing individual consumers in defective product claims, we have also served as plaintiff’s counsel in high-profile class action and multidistrict litigation cases involving defective Takata airbags, General Motors ignition switches, and more.

For a FREE review of your defective product case, contact Patrick Daniel Law. Our award-winning law firm serves clients in Houston, all of Texas, and throughout the United States.

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