TX Dangerous Products Lawyer
Dangerous products come in all forms and sizes, but they share one characteristic–they can injure or kill the person who uses them. For over 50 years, the Austin attorneys at Byrd Davis Alden & Henrichson, LLP have been holding manufacturers accountable for defective products that have resulted in catastrophic damages to clients and their families under product liability principles.
What is a Dangerous or Defective Product?
A dangerous product is any item that poses an unreasonably dangerous risk of serious bodily harm or death to the consumer who uses the product as it was intended. At Byrd Davis Alden & Henrichson, LLP, we have litigated dangerous product claims including the following:
- Airplanes and helicopters
- Hip and knee implants
- Construction equipment
These items, along with many more, were determined to have had either a design or manufacturing defect, or had inadequate or ineffective warnings of certain foreseeable risks that led to serious injuries and substantial compensation for our clients.
What are the Types of Product Defects?
A design defect is a flaw in the design, even if the product was manufactured according to specifications. It can be a failure to include a safety device, failure to make a vehicle moderately protective during the event of an accident, or a number of other instances where the idea and implementation of design for a product actually fell short at the consumer’s expense. You generally have to prove that a safer design was available or could have been made at a reasonable cost and been of equal practical benefit for its intended use.
Nearly every different field, industry, or scenario, could be involved in a defective design claim. In a medical device or hip or knee implant case, it’s been proven that poorly designed internal prosthetics can actually cause serious bodily injuries. In a SUV, a design flaw resulted in the vehicle being prone to roll-over accidents. In these cases, the product was dangerous no matter how well it was assembled. The defect was inherent in the design.
Defect in Manufacturing Process
A manufacturing defect is a flaw in the production or assembly process. The product could have been safely designed but a mistake or error led to the item being unreasonably dangerous. It is considered defective if the product departed from the intended design. In this case, you need not prove the manufacturer was negligent, only that the product was defective when it left the manufacturer.
Failure to Warn
In medical device cases or drug defect claims, there are often contentions that the seller or manufacturer failed to disclose certain known risks or complications to certain users of the device or drug. The seller, designer, and manufacturer, all have a duty to adequately advertise a product so that it is used safely and as intended and to warn of foreseeable dangers.
Unsafe recommendations or ill-advised encouragement to certain consumers to use the product, such as toys for certain age groups, may render the seller legally liable.
Basis for Liability
To prove that a product was dangerous and led to an injury, there are three causes of action that are typically asserted in a product liability claim:
A manufacturer, designer or seller has a duty to consumers to design or produce a safe product or to warn users if there are unreasonable risks if used in a certain way or by certain consumers.
Under strict liability law, you need only demonstrate that a flaw existed either in the design or the manufacture of the product. For instance, if the design flaw made the product inherently dangerous or the manufacturing flaw existed when the product left the manufacturer; if the user was not aware of the danger; and if the defect was the cause of the injury that was foreseeable, then strict liability may apply. This means you only have to prove your damages.
Byrd Davis Alden & Henrichson, LLP – Product Liability Attorneys
The attorneys at Byrd Davis Alden & Henrichson, LLP are highly regarded product liability attorneys with a long record of success in achieving results for our injured clients. We meticulously prepare our cases and use cutting edge accident reconstruction technology in many of our cases that lead to out-of-court settlements in many of the claims we pursue.
Byrd Davis Alden & Henrichson, LLP is committed to obtaining the maximum compensation to which you are entitled under the law. When someone else’s negligence causes you or a loved one serious injury or death, call our law firm at 512-271-5304 to arrange a no-cost, no-obligation consultation concerning your legal rights.