Why Proving a Defective Product Claim May Be More Difficult Than You Think

- Charles Argento

Recent news stories about faulty ignition switches and ‘sticky’ accelerator pedals in vehicles that resulted in personal injury or even death have consumers more wary than ever when it comes to defective products.

Every day across this nation there are defective products on the market, some of which have been recalled, but many more that have not and should be. Sadly, it takes a mounting pile of complaints and injuries before these harmful products are taken off of store shelves. If you are injured as the result of a faulty or defective product, you should exercise your rights by filing a product liability case.

Types of Product Liability

There are three types of liability that exist in the United States which can hold a number of parties (manufacturers, distributors, suppliers, retailers, etc.) accountable:

  • Manufacturing Defect: Among the most easily proven of product liability cases, this typically refers to how the usage of low quality materials or poor workmanship caused injury or harm to an individual.
  • Design Defects: Harder to prove though unfortunately common, this type of liability strives to prove that an item is dangerous or useless, regardless of how carefully it may have been manufactured (i.e. the product fails to adhere to expected safety levels, or the risk of the product outweighs any benefit)
  • Failure-To-Warn: With this type of liability, a product will pose a non-obvious danger to an individual, though there is a danger present regardless of how well the product is designed or manufactured for its intended use.

Why Many Product Liability Cases Are Unjustly Acquitted

While some types of product liability cases may be easier to prove than others (i.e. manufacturing defects versus failure-to-warn), proving any causation can be challenging, particularly as the onus is on the injured party to:

  • Prove that the product was indeed defective when it was provided to them from the manufacturer, the distributor or the retailer; and
  • That the defect caused the accident which resulted in injury

Unless properly documented and the correct information and evidence presented, innocent injured parties may receive little to no compensation for their injuries.

Charles J. Argento has been providing legal counsel to Houston area residents affected by product defects for many years and has helped those clients achieve positive outcomes.

If you or a loved one has suffered personal injury because of a dangerous defective product, we invite you to contact us at the law office of Charles J. Argento at  (713) 225-5050 to arrange your free initial consultation.