To be human is to err. Sometimes, these errors occur in the designing, manufacturing or supplying of products. The end result is injury to the consumer. In Texas, defective product laws exist to compensate consumers injured by defective products. However, there are several legal hurdles consumers must jump in order to succeed in their claims for product liability. A good defense will make it even harder for the plaintiff to succeed in their case.
What Is A Defective Product?
A defective product is one that is unreasonably dangerous; it would cause injury to a reasonable person using it normally. A product that causes injury in the normal course of use is defective.
Interestingly, normal use does not have to be the intended use of the product. It also includes reasonably foreseeable use. For example, a chair is designed and manufactured for sitting on. However, it is reasonably foreseeable that some consumers will use it to change a light bulb. If a person uses it this way, and it tilts unexpectedly, causing him to fall and injure himself, a product liability suit may be instituted.
Texas law recognizes three types of product defects:
1. Defective design – The product was developed using a defective design. Therefore, even if its manufacturing and packaging was done well, it is still dangerous because its initial design was defective.
Here, a plaintiff must prove:
- A less defective design was available
- Using the alternative design was technologically and financially feasible
- The design would have supported utility and reduced risk of injury.
In addition, the plaintiff must prove the injuries were as a result of the defect, not something else. That’s a tall order.
2. Manufacturing defects – These are borne from errors in production or quality control. Here, the plaintiff must prove the manufacturing defect. This will be difficult if the product was damaged because of the defect.
3. Failure to warn – In Texas, a product can be defective if the manufacturer failed to adequately warn consumers of unexpected dangers if the product is not used normally. It will also be defective if the manufacturer did not provide adequate instructions on safe usage to reduce risk of injury.
Defenses To Defective Products
Defective products are a strict liability offense in Texas. However, there are a number of defenses available to these claims:
1. Modification or misuse
The defense can argue that the plaintiff significantly modified the product so that it was fundamentally different from the initial product made by the manufacturer. The defendant only needs to provide the original product design to show modifications made to the product.
2. Misuse
The defense can argue that plaintiff misused the product. Foreseeable misuse is no defense but unforeseeable misuse is a valid defense.
3. Voluntary assumption of risk
The defense can argue that the plaintiff was aware of the hazards presented by the product but nonetheless, he/she continued using it. If a consumer removes a protective feature of a product and continuously uses it dangerously, he/she will have assumed the risk of injury.
4. Comparative negligence
The defense can argue the plaintiff was also negligent therefore he/she cannot recover full damages as he/she was partly at fault.
5. Statute of limitations
In Texas, product liability claims have to be instituted within 15 years from the purchase date. Additional time may be granted if the injury’s onset was delayed or if the product’s warranty period was longer. A suit instituted after this time is statutorily barred.
Contact our office at 361.LAWYERS (361-529-9377) today for a free initial case consultation.
