Austin Personal Injury Blog

Representing Texans in Product Liability Claims

Posted By The Stewart Law Firm, PLLC || 26-Jun-2015

In product liability law, distributors, manufacturers, retailers and suppliers of consumer products are held liable for injuries caused by their products. The term "product" is broadly defined, but in this legal context it generally refers to items that can be considered as tangible personal property, like a motor vehicle, a child's toy, a piece of exercise equipment or some other manufactured item.

There are three major categories of product liability lawsuits. Those are 1) manufacturing defects, 2) design defects, and 3) failure to warn (or marketing defects).

A manufacturing defect involves problems that happen during the process of manufacturing a certain item -- resulting in a poor quality and dangerous piece of merchandise. A design defect happens during the design of a product that is useless or dangerous. A marketing defect relates to poor product labeling that results in consumer dangers and lack of warnings about those dangers.

It is important to realize that the above categories do not count as legal claims on their own; rather, they are legal theories. In order to pursue financial restitution regarding one of the above types of lawsuits, the claim must be based on negligence, breach of warranty, strict liability and/or different consumer protection laws.

At the Stewart Law Firm, PLLC, we handle all kinds of product liability lawsuits, from defective and dangerous children's toys to defective and dangerous automobiles. As many Texas readers of this blog are aware, automotive defects have been particularly prevalent in the news in recent years, but that does not mean these are the only harmful and dangerous products out there. Indeed, numerous defects present themselves in nearly all kinds of products.

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