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
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.