Injuries From Defective Products: What You Can Do

When you buy a product, such as a household item, vehicle component, medical device, or tool, you expect it to perform as intended without putting you in danger. However, when a product unexpectedly breaks, malfunctions, or has a dangerous defect and causes injury, you could face considerable medical bills, missed work, pain, and uncertainty about what caused the accident or who should be held responsible.

After an injury involving a defective product, it's common to wonder whether you can file a personal injury claim and what evidence you'll need to support it. Product liability cases can involve manufacturers, distributors, retailers, or other parties depending on how the product reached you and what went wrong. 

At Humphrey Law PLLC, we help injured clients examine these circumstances and consider their legal options. You may be eligible to file a personal injury claim if a defective product causes harm, but certain factors under applicable Texas law will determine the type of claim you can pursue. 

With offices in Kingwood and Houston, Texas, we serve clients throughout the state. Contact us today to schedule a consultation and discuss your situation with an experienced personal injury attorney.

How to Identify a Defective Product

A product could be considered defective for different reasons. Some products have problems in their physical construction, while the designs of others create an unreasonable risk of injury. In some situations, a product could be reasonably designed but lack adequate warnings or instructions about known risks.

A manufacturing defect can occur when an error occurs during production, causing an individual product to differ from its intended design. A design defect, by contrast, can affect an entire product line because the underlying design itself creates a risk. You may also have grounds to file a claim if a company or manufacturer fails to provide appropriate warnings or instructions.

The circumstances of your injury can help identify the type of defect involved. For example, if a power tool breaks during ordinary use, you will need to report the issue and allow time for an investigation to determine whether the tool was improperly manufactured, poorly designed, or used without adequate warnings.

Never assume that a product is defective simply because you were injured while using it. The investigation will consider how the product was used, whether it was altered, whether maintenance instructions were followed, and the product's condition when the accident occurred.

The Importance of Preserving Evidence After an Injury

Evidence is particularly important in a defective product case because the physical condition of the product can help show what happened. If possible, preserve the product in the condition it was in after the accident rather than throwing it away, repairing it, or modifying it.

Additionally, preserve any packaging, receipts, instruction manuals, warnings, warranty information, photographs, and other materials associated with the purchase or use of the product. If someone else has the product, take reasonable steps to determine where it is and whether it can be preserved. Other types of key evidence that can also help establish what happened include the following:

• Photographs and videos: Images of the product, accident scene, visible damage, and injuries can provide useful evidence.

• Purchase records: Receipts, order confirmations, invoices, and transaction histories can help establish where and when you purchased the product.

• Product information: Record the brand, model, serial number, lot number, and other identifying information when available.

• Medical records: Medical documentation of your injuries and treatment regimens can help establish the nature and extent of your injuries.

• Witness information: Gather the names and contact information for anyone who witnessed the accident and who can support what happened.

• Communications: Keep all emails, messages, warranty correspondence, or complaints that you submitted concerning the product.

• Employment records: If your injury caused you to miss work, gather documentation that highlights lost income or lost earning potential.

Preserving this information can help establish a timeline and provide details that could otherwise become difficult to reconstruct. If you're pursuing a personal injury claim, avoid making statements about the accident or product that aren't accurate or that you haven't had an opportunity to verify.

How to Determine Who Might Be Liable

A defective product can pass through several businesses before it reaches a consumer. Depending on the error and your resulting injury, the potentially responsible parties can include a manufacturer, distributor, seller, or another entity involved in placing the product into the stream of commerce.

Determining responsibility isn't always as simple as identifying the store where you purchased the product. The manufacturer could have designed or produced the item, while a distributor might have handled its transportation and a retailer may have sold it to you.

The nature of the defect can also affect which parties are relevant. A manufacturing issue can point toward one set of circumstances, while a design or warning issue might involve others.

If a defective product caused an injury at work, additional considerations could apply. In some cases, you may be eligible to file a workers' compensation claim or a separate claim against a third party. Our experienced Texas product liability attorney can help you identify the cause of your injury and identify the potential parties who might be liable when pursuing compensation.

Contact Our Experienced Texas Personal Injury Attorney for Tailored Guidance

An injury from a defective product can leave you dealing with much more than the initial accident. Medical treatment, lost income, damaged property, and lasting physical effects can create significant challenges. Determining what happened and whether another party may be responsible can be an important part of protecting your rights and pursuing compensation.

At Humphrey Law PLLC, our attorney, Brian S. Humphrey II, is dedicated to helping injured victims evaluate their potential for filing a personal injury claim involving defective products. We can help examine the evidence, identify potentially responsible parties, assess damages, and discuss the legal options available under Texas law.

With offices in Kingwood and Houston, Texas, we serve clients throughout the state. If you were injured because of a defective or dangerous product, contact us today to schedule a consultation and discuss how our firm can help you pursue compensation.