It takes a tremendous amount of effort to bring a final product to market. Unfortunately, once a product is in the hands of consumers it is impossible for manufacturers to ensure that it is used correctly. Misuse of treatment of a commercial product can sometimes lead to injuries, which Texas consumers are often quick to blame on things like a manufacturing defect.
Was it a defect?
A consumer who suffered an injury from a product might try to claim that although it was well designed, there was a fundamental defect during manufacturing. Take for example someone who was injured in a car accident and claims it was due to a defective braking system. Despite being safely designed, a resulting lawsuit could allege that the car manufacturer was still at fault because a defect occurred when the vehicle was being manufactured. Even though defects are unintended, businesses can still be held legally responsible for any damages they may cause.
When accused of creating a product with a defect, businesses and manufacturers should be prepared to demonstrate the opposite. This often requires a multifaceted approach. Defenses to such accusations often include:
- Demonstrating that the consumer was negligent with the product
- Other factors influenced the injury or accident
- The product was safely designed and manufactured
The good news is that it can be challenging to prove a manufacturing defect in Texas. This does not mean that manufacturers should simply leave things to chance, though. Those who are eager to minimize the impact on their businesses should be prepared to meet such accusations head on.