A "defective product" is one that causes injury to a person because of some defect in the product or its labeling or the way the product was used. The manufacturer, and in some cases the distributor, of the products that cause injury, are often liable for the injuries defective products cause.

All states allow some form of recovery to persons injured by "defective products". "Product liability" cases run from the obvious (a child’s nightgown that burst into flames when it comes into contact with a candle) to the not-so obvious (injury from inhaling fumes from hairspray). While the laws applicable to defective product cases varies from state to state, there are three common legal theories that can serve as the basis of successful product liability cases:

1. Product manufacturing defect. injuries due to a defect caused during the manufacturing process of the product.
2. Defects in design of product. Injuries caused by poor product design, regardless of lack of defect in the product. Examples may include lawn care equipment which was built without proper safety guards. In these cases a safe, alternate design, that was readily available at the time the product was manufactured, should have been used but wasn’t, and the injuries resulted from this design flaw.
3. Inadequate warning or Failure to warn. Injuries due to potentially dangerous products sold without a proper consumer warning. An example would be an over the counter drug sold without a warning of its hazards of use or that it should not be consumed with certain other products.

Occasionally statutes, rules and or regulations passed by the state or federal government may prohibit the filing of a cause of action on one or more theories. As an example, some medical devices are regulated by the FDA; therefore, you may not be able to file a case against the manufacturer of a medical device for design defect because of the approval given to the product by the FDA. However, you may be able to file against the manufacturer of a medical device for manufacturing errors.

It is important to have experienced Texas Product Liability Lawyers evaluate your potential claim. The San Antonio Product Liability Lawyers at Rush & Gransee will evaluate your claim and assist you if possible. It is important to evaluate any claim under both the Federal product liability regulations and the Texas Defective Product Laws.

Manufacturers of consumer products are required to report case settlements to the Consumer Product Safety Commission (CPSC) involving grievous bodily injury or death ase a result of use of defective products. This reporting requirement was passed in 1991 and can be found at 15 U.S. C. 2084. Previously manufacturers were required to report only when it believed a product was defective or posed a substantial risk of injury. The new reporting requirements apply to consumer products that result in serious injuries: bodily mutilation, amputated limbs, disfigurement, dismemberment, debilitating internal disorder, electric shock, severe burns, and other injuries requiring extended hospitalization.

In any circumstance where a potential product liability case is discovered, the defective product should be secured by the injured party. Once you gain ownership of the defective product it should be safely secured. If the evidence cannot be bought or obtained, everyone should be put on notice, including owners, tow operators, police impounds, etc., that they must take every step to preserve important evidence and the failure to do may subject them to consequences for allowing evidence to be destroyed or altered.

In addition to inspecting and testing the product, there are many sources of information from which to gain access to databases concerning the product’s safety record. Several governmental agencies are charged with overseeing the products that are available to consumers.

The Consumer Product Safety Commission has jurisdiction over about 15,000 types of consumer products, from coffee makers, to toys, to lawn mowers, to fireworks. However, some types of consumer products are covered by other Federal agencies. Automobiles, motorcycles, and trucks fall in the jurisdiction of the Department of Transportation; the FDA covers food, drugs (except for the child resistant-packaging), and cosmetics.

The National Highway Traffic Safety Administration (NHTSA) has jurisdiction over vehicles, all automobile parts, motorcycles, and trucks.

The FDA oversees quality and safety of food, prescription drugs, biological products, medical devices, cosmetics, and radiation-emitting electronic products. FDA ensures that these products are represented to the public in an honest, accurate, and informative manner. Some of the agency's specific responsibilities include: Biologics: licensing, blood supply safety, R&D for product standards and testing methods. Cosmetics: labeling and safety. Drugs: approvals, drug labeling and manufacturing standards. Foods: labeling, food safety (not including meat and poultry), and bottled water. Medical Devices: new devices approval, manufacturing and performance standards, reports tracking for device malfunctions and serious adverse reactions. Electronic Products that are Radiation-Emitting: microwave ovens, television receivers, x-ray equipment, cabinet x-ray systems (such as baggage x-rays at airports), laser devices, ultrasonic therapy equipment, sunlamps, mercury vapor lamps, and accrediting and inspecting mammography facilities. Veterinary Products: livestock food products, pet food, veterinary drugs and devices.

The product liability lawyers at Rush & Gransee, L.C. will use all available measures to evaluate and investigate potential cases where an individual has been injured and a product may have been the cause of the injuries. We utilize modern, state-of-the-art techniques and computer-generated visual productions to aide in the presentation of product liability cases.

If you or a family member has been injured by a product that is suspected to be defective, you need to immediately make sure that your legal rights are protected. Contact our San Antonio, Texas product liability lawyers at Rush & Gransee, L.C. as soon as possible for a no-cost consultation.