What is a defective product?



In the legal world, a product is considered “defective” when it poses an unreasonable danger. This means a person should be using the product as it is meant to be used. You cannot, for example, accidentally slice yourself with a kitchen knife and claim the product was defective. A knife is a product that is understood to be dangerous when used improperly, so you couldn’t blame your accident on the knife company.

There are three main things you can claim when it comes to defective products in Texas:

  • Defectively manufactured. Something went wrong when the product was physically being put together. This would be the result of human error or machine malfunction in the manufacturing process. An example would be if a critical piece of a product developed a crack during production.
  • Defectively designed. The folks who designed the product in the beginning stages would be at fault in this instance. In creating the idea, there was an oversight or miscalculation that resulted in a flawed product design. An example of this would be if a company accidentally designed a car that caught fire if you went over 30 mph.
  • Failure to give warnings or instruction. This applies when a company fails to provide reasonable instructions for a product’s proper use. An example of this would be if you purchased medication for a headache, but the label failed to warn you about possible interactions it may have with other drugs in your system.

Attorney Earl Straight has been representing victims of defective products for over 26 years. He knows how to make the legal process as painless as possible so that you can be compensated appropriately for any pain this product has caused you. Call Straight Law today for a free consultation at 512-454-1331