Strict Product Liability
Strict product liability is a body of the law that holds manufacturing companies strictly liable for injuries caused by defective products. The core principle of this law dictates that manufacturers must make products that don’t present an unreasonable danger to the ordinary users of the product. The manufacturer is strictly liable for all damages when the product fails to perform as intended and causes injury.
One of the main differences between product liability and negligence law is the standard of care that the injured victim must prove to recover for their damages. According to negligence law, injury victims can only recover compensation from liable parties if they can prove that the party’s actions fell below the actions of an ordinary, prudent person in the same situation. Under product liability law, the manufacturer’s efforts in producing the product are irrelevant. The manufacturer is liable for all resulting injuries if the product is defective.
A consumer injured by a defective product can recover monetary damages from the manufacturer by showing the following:
- A product contains a defect
- The defect caused injuries to consumers
- The injury occurred when the consumer used the product as intended
It’s often challenging to prove a product is defective, so having experienced and knowledgeable attorneys behind you is essential. The skilled lawyers at The Ammons Law Firm have helped clients in San Antonio and other cities recover compensation from manufacturers for injuries caused by defective products for over three decades. This experience is invaluable in strict product liability cases because it establishes credibility with the manufacturer and incentives them to settle the case quickly and for a fair amount.
Defective Products Common in San Antonio
We have found that many consumers are unaware that a product is defective and are confused about why they were injured. It is not important to know the exact mechanism in the product that caused your injury; we have engineers to determine that. What is important is that you keep an open mind and explore all possible legal avenues.
The law recognizes that a product can be defective in its design, manufacturing, or marketing. The theory your attorney will pursue and how it will be proved depends on the facts and circumstances of your case.
Defects in the design of a product
Products have a design defect if they fail to perform properly even when manufactured how the manufacturer intended. Examples of design defects include:
- Helmets and seat belts that do not provide adequate protection
- Products for children that contain choking hazards
- Appliances that present unreasonable risks of harm in their intended design
If you sustain injuries due to a defective design, you will need to show that the design itself is defective and that this defect caused your injuries. This is a difficult process that requires trained experts in various disciplines. A trained product liability lawyer will have relationships with experts in various industries that will be able to prove a product is defective in its design.
Defects in the manufacturing of a product
Many product liability cases we see today deal with manufacturing defects. A manufacturing defect occurs when the manufacturing process renders an otherwise safe product defective. There are several potential reasons for manufacturing defects, including substandard materials, inadequate quality controls, and other errors. Specific examples of these defects include:
- Tires manufactured with low-quality materials
- Faulty electrical equipment
- Food or drugs that were contaminated during production
You can differentiate between manufacturing and design defects by determining whether the defect would exist even if the manufacturer had correctly assembled the product.
Defects in the marketing of the product
Another defect that renders a manufacturer strictly liable is a marketing defect. Marketing defects involve instances where manufacturers fail to warn consumers of certain dangers about the use of a product or fail to provide instructions on proper use. Examples of these defects include the following:
- Medication that doesn’t have proper instructions for dosage or warnings of side effects
- Household cleaning products that don’t have proper handling instructions
- Recreation vehicles that lack adequate warnings
Injury victims in these cases must show that the injury would have been preventable if the manufacturer had adequately warned of the product’s dangers.
When Manufacturers of Defective Products Are Liable for Injuries
Defective products can cause serious life-altering or even life-threatening injuries. These injuries don’t just affect your physical health; they affect your mental and emotional health too. When a defective product injures you, the manufacturer of the product is responsible for all injuries resulting from that defect. This includes the physical, mental, and emotional injuries stemming from your condition.
Depending on the type of injury you suffer, the emotional and mental injuries can be significant. For instance, severe burns can lead to extreme pain and suffering for the rest of your life. A life plagued by pain is a much different life, and the manufacturer must pay for the difference in the quality of life you will experience because of their defective product.
At The Ammons Law Firm, we have worked with victims of all different kinds of injuries. Because of this, we know and understand the value of your case and can make sure you receive the compensation you are entitled to under the law.
Contact a San Antonio Product Liability Attorney
Having represented thousands of clients in San Antonio and across the country, we have become proficient advocates for clients injured by defective products. We take great pride in holding multinational corporations with unlimited resources accountable for their wrongs. We want to help you recover the financial compensation you deserve and can assure you that we are very good at what we do. If you have been injured and need help, our San Antonio product liability lawyers will help you recover the damages you are entitled to under the law.
