What Kinds of Product Defects Are There?
Products liability-personal injury cases typically involve one or more of the following defects:
- Manufacturing defects
- Design defects
- Warning defects
- Defective instructions
A manufacturing defect exists when a product’s construction or quality deviates from intended specifications or planned output in a way that is dangerous.
A design defect exists when a product’s design is unreasonably dangerous. If the design is defective, it does not matter whether the product was manufactured according to intended specifications.
A warning defect exists when the manufacturer fails to warn of a dangerous characteristic of the product.
Common Questions
- What Should I Do Right Now?
- Why Do I Need To Act Fast?
- Should I Sign Anything Or Give A Statement?
- I Don’t Live In Texas. What Should I Do?
- Will My Case Settle?
- I Don’t Know If I Can Afford A Lawsuit – How Much Does It Cost?
- What About Doctors & Medical Bills?
- What If My Employer Finds Out?
- What Is a Personal Injury?
- What is the Purpose of a Personal Injury Claim?
- What Will My Personal Injury Claim Be Worth?
- What Compensation Will I Be Entitled to Receive?
- Do All Personal Injury Cases Go to Trial?
- Personal Injury Negligence
- What Is Personal Injury Negligence?
- What Must Be Shown In A Personal Injury Negligence Case?
- Who Owes You A Negligence Duty?
- Does An Employer Have Special Duties?
- What Damages Can I Recover In A Personal Injury Negligence Lawsuit?
- How Long Do I Have To File A Personal Injury Negligence Lawsuit?
- What Are Examples Of Personal Injury Negligence Lawsuits?
- No Fee Promise
- Do I Really Need a Personal Injury Attorney?
- Who Has Claims For Wrongful Death?
- What Is The Jones Act?
- What Is The Death On The High Seas Act?
- Who Is A Jones Act Seaman?
- About Other Wrongful Death Actions
- How Long Do I Have To Pursue A Jones Act Claim?
- What Jones Act Damages Can I Recover?
- Who Can I Sue Under the Jones Act?
- What Is Jones Act Negligence?
- What Are Examples of Jones Act Cases?
- Maritime Law & Unseaworthiness
- Maritime Injury Lawyer Rules
- What Evidence Matters In 18 Wheeler Trucking Or Commercial Vehicle Accidents?
- Who Is Responsible For My 18 Wheeler Or Commercial Vehicle Accident?
- What Legal Claims Am I Entitled To Bring?
- How Common Are 18 Wheeler Truck And Commercial Vehicle Accidents? Why Are They Significant?
- Are There Special Inspection Requirements For 18 Wheeler Trucks And Commercial Vehicles?
- What Are Common Causes Of 18 Wheeler Truck And Commercial Vehicle Accidents?
- Inadequately Trained Or Unqualified Drivers
- Improper Maintenance & Inspection
- Driver Fatigue
- Poor Route Planning
- Failure To Properly Secure Cargo
- Specific Issues Involving Vocational Trucks
- Hazardous Materials & Oversized Loads
- Distracted Truck Drivers
- Braking & Tire Issues
- Speeding
- Weather Conditions
- Alcohol and Drugs
- What Oilfields Are Active In Texas?
- What Is Shale?
- What Is Hydraulic Fracturing Or “Fracking”?
- What Does The Texas Railroad Commission Have To Do With Oil & Gas?
- What Is The Barnett Shale?
- What Is The Eagle Ford Shale?
- What Is The Granite Walsh Formation?
- What Is The Haynesville Shale?
- What Is The Permian Basin?
- How Many Oilfield Accidents Have There Been In Texas?
- Do I Have A “Strict Liability” Products Personal Injury Claim?
- What Goes Into A Products Liability Claim?
- What Is A Product Defect?
- What Kinds of Product Defects Are There?
- What If There Have Been Other Accidents Involving The Same Product
- Do I Have To Prove Negligence In A Products Liability Case?
- What Is A Product Recall?
- What If The Product Cannot Be Traced Back To The Manufacturer?
- Who Are The Defendants In A Products Liability Case?
- Do I Have Any Other Claims?
- What Damages Can I Recover?
- What Are Examples Of Industrial Accidents?
- What Is OSHA?
- What Rights Do Workers Have Under OSHA?
- What Are The Most Common OSHA Violations?
- What Is The Chemical Safety Board?
- How Old Are Most Refineries? What Condition Are They In?
- What Refineries Are Active In Texas? Have They Had Safety Incidents?
- Incidents At Alon’s Big Spring Refinery
- Incidents At Calumet’s San Antonio Refinery
- Incidents At Citgo’s Corpus Christi Refinery
- Incidents At Delek’s Tyler Refinery
- Incidents At ExxonMobil’s Baytown Refinery
- Incidents At ExxonMobil’s Beaumont Refinery
- Incidents At Flint Hills Resources Corpus Christi Refinery
- Incidents At Lyondell’s Houston Refinery
- Incidents At Marathon’s Galveston Bay Refinery
- Incidents At Marathon’s Texas City Refinery
- Incidents At Petrobras’s Pasadena Refinery
- Incidents At Shell’s Deer Park Refinery
- Incidents At The Motiva Port Arthur Refinery
- Incidents At The Valero Port Arthur Refinery
- Incidents At Total’s Port Arthur Refinery
- Incidents At Valero’s Bill Greehey East & West Refineries
- Incidents At Valero’s Houston Refinery
- Incidents At Valero’s McKee Refinery In Sunray, Texas
- Incidents At Valero’s Texas City Refinery
- Incidents At Valero’s Three Rivers Refinery
- Incidents At Western Refining’s El Paso Refinery
References
Alza Corp. v. Thompson; 2010 WL 1254610 (Court of Appeals of Corpus Christi-Edinburgh, Texas) (affirming wrongful death/personal injury/products liability verdict arising from medical device-pain patch; device was recalled because of fold-over defects created during manufacturing process).
Torrington Company v. Stutzman, 46 S.W.3d 829 (Texas Supreme Court 2000) (affirming jury verdict in wrongful death-personal injury products liability lawsuit against Bell Helicopter-Textron arising from helicopter crash; court held that $29 million compensatory damages and $5 million in punitive damages was not excessive; ball bearing in helicopter was defective and unreasonably dangerous because it contained contaminants, debris, and defective grease when Textron sold it).
Wright v. General Motors Corp., 717 S.W.2d 153 (Houston, Texas First Court of Appeals 1986) (holding plaintiff could bring personal-injury products liability case against car manufacturer arising from car crash involving 1977 Cadillac Coupe DeVille that was caused by unintended acceleration or stuck accelerator pedal; there had been a product recall; jury could reasonably have found that gas pedal on the automobile was unreasonably dangerous and a producing cause of the accident).
Alm v. Aluminum Company of America; 717 S.W.2d 588 (Texas Supreme Court 1986) (holding that soft drink manufacturer had failed to properly warn of dangers associated with 7-Up bottle cap, that plaintiff suffered severe eye injury as a result, and that plaintiff might be entitled to punitive damages).