What Makes a Product Defective?

Drivers observing car crash

We have all heard discussions concerning “defective” or “dangerous” products, but what is it that makes a product defective, and when can a consumer take legal action? Although every case is different, we are providing some basic information that can shed light on this important topic.

To be considered defective, a product should fall under one or more of four general categories:

  1. The product is unfit for its intended use. For example, a helmet that collapses upon slight impact would be unfit for intended use.
  2. The product does not include proper or adequate instructions for use. A baby swing that has incorrect assembly instructions may fall under this category, as it may fall apart after it is built.
  3. The product does not carry adequate warning labels to inform consumers of possible risks. Children’s toys with small parts, for example, should be properly labeled to warn parents of choking hazards.
  4. The product is inherently dangerous due to a manufacturing, design or assembly defect. A vehicle seat belt that has a defective clasp due to a manufacturing error would fall under this category.

When defective products cause injury, those who have suffered harm may be able to take legal action in civil court to seek financial compensation for medical expenses, emotional trauma, lost earnings and more. It will be necessary to prove that the product was defective in some way, and that is where our team can make all the difference.

At The West Law Firm, we handle product liability cases in Texas and across the U.S. We understand what it takes to go up against manufacturers and seek the best result in every case we take on. Our founding attorney, S. Scott West, is a former design engineer who uses this background to recognize and expose product defects when they occur. To learn more about our team and how we can help you, please call (281) 277-1500 for a free consultation.

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