San Antonio Product Liability Attorney

Product Manufacturing, Design & Marketing Defects

When someone is injured or harmed by a defective product, they have the right to file a claim against the product manufacturer or vendor. Today, consumers are no longer held to the outdated “buyer beware” mentality. Rather, manufacturers are held strictly liable for all defects or potentially dangerous components.

A plaintiff (injured party) may have a cause for action if the product has been misrepresented, a breach of warranty has occurred, negligence of the manufacturer has been established, or if strict tort liability has been disregarded. The law is quite detailed, and manufacturers fight aggressively for the denial of product liability claims. For this reason, it is imperative for all plaintiffs to retain a competent attorney who has a track record of success in product liability law.

At Law Offices of Troy A. Brookover, we represent consumers across Bexar County and throughout Texas who have been injured by defective or dangerous products. Our San Antonio personal injury attorneys have more than 30 years of experience, including as former insurance defense attorneys, which gives us a unique perspective and advantage in negotiating or litigating defective product claims.

Do I Have Grounds for a Product Liability Lawsuit?

Simply being injured by a product does not necessarily guarantee that one has a viable product liability claim. Generally speaking, the following factors must be present:

• The product caused you injury;
• You were using the product as instructed;
• The product had a defect of some kind; and
• Your injury occurred as a result of the defect.

Types of Defects in Product Liability Claims

What caused the product that hurt you or your loved one to become defective? The question has probably been racing around your head ever since your accident. It is an important question to ask, though, as the type of defect will play a part in deciding liability in your claim.

There are typically two types of product defects:

• By design: A defect by design is an inherent problem with a product that should have been corrected before the product was ever greenlit for manufacturing and sales. For example, Takata airbags were recalled by the millions after they began exploding in cars around the globe, severely injuring and killing drivers in even minor accidents. It was later determined that an unstable chemical component was used in the airbag deflator mechanism that caused the explosion. If more research had been done during the development process, then it would have been clear that the chemical component should have never been used in the first place.
• By manufacturing: A defect by manufacturing is an issue that occurs due to a mistake at some point between the design process and the point of sale, usually during the actual product assembly or creation step. For example, an automaker is unknowingly delivered the incorrect metal alloy to use for braking systems, causing the brakes on a finished set of vehicles to be weak and ineffective. The defect was not in the design of the brakes, but instead on how they were manufactured, especially in considering that there should have been someone on the jobsite to notice the mistake.

Save the Product Packaging & Instructions

After notifying the product manufacturer of your accident and injuries, they will most likely instruct you to send them the defective product. Do not. You should never send a defective product back to its manufacturer without first consulting your product liability lawyer.

There is a strong chance that the defective product, its packaging, and any instructional materials that came with it will be the greatest sources of evidence in your claim. If you send the product back to the manufacturer right away, then you will be relinquishing that evidence and giving them an enormous advantage in your claim. After seeking medical care following a defective product injury, you should call us to speak with our team before you notify the product manufacturer about what happened, allowing us to guide you through the process without jeopardizing your claim’s validity.

Choose a Winning Team for Your Claim

At Law Offices of Troy A. Brookover, we proudly stand beside all clients, seeking full monetary compensation for all injuries or conditions related to faulty merchandise. We work tirelessly to prove that manufacturers failed to provide reasonably safe products or duly warn consumers of potential injury. Troy’s personal experience and successful track record stand as a testament to our ability to address and litigate your case.