Proving a Product You Purchased is Defective

You know that you have a Texas defective product case on your hands, but how do you prove that in a court of law? It is vital that you contact an experienced Austin defective product lawyer, but you should also be aware of what the judge is going to be looking for. You do not have to prove any misconduct or negligence, but you do need to prove that the product caused the injury to hold both the manufacturer and seller liable.

  • There needs to be some kind of injury involved. You cannot just bring your defective product case to court if you were “almost” hurt; there needs to be an actual injury.

  • The product was being used correctly. If you were doing donuts in a parking lot with your car and it flipped over and injured you, you cannot claim the car was defective. Cars are made for responsible driving, not for reckless off-road maneuvers. If you were using the product the way that the manufacturer intended and the way most consumers would use it, you were more than likely using it correctly.

Defects can fall under three categories: Manufacturing, Design and Failure to Warn.

  • Manufacturing defect: These defects are not intended parts of the product; they are mistakes in the manufacturing process. Manufacturing defects generally affect a small portion of products, like if someone on an assembly line isn't paying attention for a second an accidentally puts a product together incorrectly.

  • Design defect: This defect happens before manufacturing because it occurs during the initial design process. A car might be designed in a specific way that seems great, but it might be found once it's manufactured that the design causes rollovers when the car goes over a certain speed.

  • Failure to warn: Some products simply have certain dangers attached to them that can't be avoided without making the product less effective. An example of this is gasoline: it is flammable but that is also part of what makes it work. The manufacturer does, however, need to warn you about this risk. If a product has the possibility to be dangerous and their lack of warning causes you to be injured, that is failure to warn.

If you think you were injured by a defective product, call Austin lawyer Earl Straight at 512-454-1331. You can also order a free copy of his book, Texas Accident Law and You.