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Defective Products and Products Liability

What Products Liability Means To An Injury Victim In Texas

Products liability laws compel companies and individuals to adhere to a duty of care by holding manufacturers, retailers, distributors, and others who distribute products responsible for defective products. In theory, products liability covers any item that can be sold, including but not limited to:

  • Toy recall
  • Vehicle recall
  • Malfunction Recreational Products (i.e. bounce house, bb guns)
  • Defective household chemicals & cosmetics
  • Defective machinery & tools
  • Defective machinery & tools
  • Defective firearms

Any or all of the following may be products liability issues:

  • Design: When a product is poorly designed and it poses harm to a consumer using that product for its purpose as intended, or for another reasonable use, the designer could be held legally liable for any resulting damages.
  • Manufacturing: When a product was manufactured improperly and poses a threat to consumers, the product manufacturer could be held legally liable for resulting damages.
  • Marketing: When a product is misrepreented to its consumers, or if instructions or warning labels provided with the product are inadequate, the product retailer or marketer may be held legally liable for any resulting damages.

Products Liability and Drug Manufacturers

Drug designers, manufacturers, and retailers are all required to comply with product liability laws since drugs can be sold, either over the counter or by prescription.

Drug manufacturers argue that their products are unavoidably unsafe, which means their drugs cannot be completely safe. The products may have a valid medical use to the user even though they may have harmful side effects.

When these types of drugs are properly manufactured and marketed, it may be difficult or impossible to prove a product liability lawsuit involving such drugs. But manufacturing and marketing issues are quite common with such drugs and the basis of a successful Texas personal injury lawsuit could still be formed.

Drug manufacturers always have a duty to:

  • Warn consumers of known side effects of their products
  • Keep any such product information up to date
  • Ensure that all potential adverse effects of their drugs are made known to medical professionals

At The Law Offices Of Greg Fitzgerald, PC, we understand how personal injury law in Texas applies to products liability cases, particularly when the products are drugs. Additionally, we handle cases involving other types of injuries, such as abuse in nursing homes.

A North Texas Personal Injury Attorney Ready To Help With Product Liability Cases

At The Law Offices of Greg Fitzgerald, PC, we are aware that personal injury cases often involve products liability. If you’ve been injured by a product, contact Greg Fitzgerald today at 817-281-0044 or provide your information by clicking here.


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