Questions about Defective Products

in Houston, Texas

What is a Defective Product?
A defective product is a product that causes damage or injury to a person as a result of some defect in the product itself, its labeling, or in the way that the product is used. The manufacturer can be held liable as can the person/store who sold you the product.

How do I know if I have a Product Liability claim?
There are three basic types of defects:

• Manufacturing defect: The product was well designed, but the way in which it was made makes it unsafe. For instance, maybe the kind of plastic used in making the product was weak and that weakness caused the plastic to break when it should have been more durable.
• Design defect: This occurs when the design of the overall product is unsafe, so the entire product line is unreasonably dangerous. Design defects also apply to the way a product is packaged. For example, if a drug is supposed to be in a childproof container and it's not, the manufacturer can be held responsible if a child dies because of that product.
• Insufficient instructions or warning: The manufacturer may design a product that is perfectly safe and has no manufacturing defects but then fails to include proper warnings or instructions for safe operation.

Our experienced product liability lawyers will advise you on whether or not you have a valid legal claim.

Will it cost me a lot to pursue a claim?
Our lawyers work on a contingency basis, which means that you do not pay us unless we recover money for you.

Who can be held responsible if a Defective Product injures me?
The manufacturer, the company or person that sold it to you, or the person who repaired it can be held responsible. Manufacturers are responsible for damages caused by the defective product. Sellers of the product, including everyone between the manufacturer and the reseller such as wholesalers and distributors may be liable, even if they didn't know of or cause the defect.

What type of damages can I recover?
There are several types of damages you may recover from a product liability case, including:

• Compensatory damages: Damages to cover medical bills, time lost from work and property damage that was caused by the defective product.
• Pain and suffering: These damages are for the pain and suffering you endured as a result of your injury.
• Loss of consortium: These damages are to compensate you for the effect this has had on your relationship with your spouse. Your spouse may be able to recover this type of damage even if the defective product did not personally injure them.
• Punitive damages: If the defendant's conduct was so bad that the courts want to ensure they and others will never do this again, they may award damages that punish the defendant.

If you or a loved one has been injured or killed by a defective product in Houston or anywhere in Texas, please contact the experienced products liability lawyers at Kennedy Hodges L.L.P. today to schedule your free initial consultation.