The US government has sued L-3 Communications alleging that thousands of the holographic weapon sight the military contractor sold to the state were defective, and L-3 Communications knew about it.
The combat optical sights are mounted on weapons for use in law enforcement and Special Forces to return fire with accuracy in extreme weather. However, the U.S government accuses the contractor of concealing defects that caused them to fail in humid and cold environments. The defective products are said to have been used by the Department of Homeland Security and the Department of Defense since 2004.
There are cases of defective products reported every year in Houston and, of course, all over the country. The defective product could be an electronic device, electrical appliance, foodstuffs, medical aids, holiday gifts, etc that causes injury or does not perform as expected.
Damages in Defective Product Cases
If you have purchased a defective product, the law will expect you to show:
- You suffered loss or injury directly from the use of the product
- The product was defective when it harmed you
- You or a loved was using the product as intended
- You had not known of the defect before using the product
Defective product proceedings are time-sensitive and must be filed as soon as you experience injury or harm from the usage of the product. If action is not taken expeditiously, you may be prevented from seeking compensation for your injury.
Remedies for Defective Products
The court can award you one of the many remedies available, depending on the type of product, and the situation. The court may award damages in cash if we can prove that the manufacturer was negligent and, as a consequence, caused actual damage.
What to Do If You Give or Receive a Defective Product
Defective product lawsuits are often detail-intensive and costly, so it is important that you engage a highly qualified and experienced attorney to act on your behalf. If you or your relatives here in the Houston area happen to purchase or receive a defective product that has caused harm or injury this festive season, do not hesitate to contact us at Charles J. Argento & Associates for assistance.
It is important that if the product has caused an injury that you do not return the product to whom you purchased it. Instead, ensure that the product is kept safe for use as an exhibit in a court of law.
Our Houston Personal Injury attorneys are experienced in handling the various angles of defective product lawsuits, including cases of defectively manufactured products, defectively designed products, and where the manufacturer had not given adequate instructions or warnings on the use or possible abnormal performance of the product.
You can always reach us via (713) 225-5050, and there will be someone at hand to offer assistance and organize a free consultation with one of our attorneys. We speak both Spanish and English at Charles J. Argento & Associates.
Personal Injury Claims Caused by Defective Products
Every day countless American consumers buy products that they assume to be fully functional – that will certainly not cause injury. However, dangerous and defective products do cause harm to many consumers each year.
If you have purchased a product that simply does not function as advertised and it hasn’t caused any actual bodily harm, then you may be covered by the manufacturer’s warranty, or be entitled to a refund or exchange. (You would need to check your receipt and the manufacturer’s policies for more details.)
However, if you have sustained an actual injury from a defective product then you may be able to receive compensation via a personal injury claim through the courts.
Types of Product Defects
There are three main types of product defects: design defects, manufacturer defects, and defects in instructions or warnings.
- Design Defects: A bicycle manufacturer’s design includes brake cables that fail to function when used by the rider. In this situation, the product does not perform as it was designed to
- Manufacturer Defects: The accelerator on a specific model of car is prone to sticking, due to a defective manufacturing process, creating the possibility of a serious accident and injury. Here the product is faulty because of an error made by the manufacturer
- Defective Instructions: No written warning was provided with a space heater that has a tendency to overheat if left on for more than 12 hours. In this scenario, the manufacturer has failed to provide a clear warning which could result in a serious fire and physical harm
Legal Options for Defective Products
The law provides several legal remedies for the effects of dangerous products, depending on the situation. The two main legal avenues for pursuing a product defect case are negligence and strict liability:
- Negligence: A plaintiff may be able to collect damages from a defendant (i.e. manufacturer or retailer) if the plaintiff can prove that the manufacturer breached a duty owed to the plaintiff and that this breach caused the injury resulting in the plaintiff suffering actual damages. For example, a scooter that wasn’t tested properly by the manufacturer’s staff loses a wheel while in use by the plaintiff. As a result, the plaintiff was seriously injured and should be entitled to a monetary award for the injuries sustained
- Strict Liability: Manufacturers are always “strictly” liable for product defects occurring during the manufacturing process. This means that the manufacturer is legally accountable and the plaintiff does not need to prove negligence (as above) if the defect is a result of a manufacturing error
There may be other legal avenues for you to pursue depending on your case and an experienced auto accident attorney will be able to navigate you through all of your legal options.
At the law firm of Charles J. Argento we have skilled and knowledgeable Houston defective product attorneys that will be able to assist you with all of your consumer rights and options if you have suffered damages.