How To Prove A Texas Product Liability – Design Defect Claim
In Texas, a claim of Product Liability – Design Defect is defined as:
A design defect occurs when there is a flaw or error in a product’s design that renders it unreasonably dangerous to the user or consumer.
It simply means:
The manufacturer of a product is responsible for any injuries caused by their product.
There are 4 elements of the claim:
- Element 1. There was a defect in the design of a product. A design defect means that the product was created in a way that makes it unsafe or harmful to use, even when it is manufactured correctly, leading to potential injuries or damages.
Facts that might support this element look like:
* The product was designed without adequate safety features, making it prone to failure during normal use.
* Testing revealed that the design of the product failed to meet industry safety standards, leading to potential hazards for users.
* User complaints indicated that the product’s design caused it to malfunction under typical operating conditions.
* Expert analysis determined that alternative designs existed that would have significantly reduced the risk of injury.
* The manufacturer ignored warnings from engineers about the potential dangers associated with the product’s design. - Element 2. The defect made the product unreasonably dangerous when used for its intended purpose or in a foreseeable manner. A product has a design flaw that makes it unsafe to use as intended or in ways that people might reasonably expect, putting users at risk of harm.
Facts that might support this element look like:
* The product’s design lacked essential safety features that are standard in similar products, increasing the risk of injury during normal use.
* Users reported multiple incidents where the product malfunctioned, leading to serious injuries while being used as intended.
* The manufacturer was aware of the design flaw but failed to implement necessary changes, prioritizing cost savings over consumer safety.
* Testing revealed that the product’s design could easily lead to user error, resulting in dangerous situations that could have been avoided.
* Expert testimony indicated that alternative designs existed that would have significantly reduced the risk of harm without compromising functionality. - Element 3. There was a safer alternative to the product. In a product liability case for a design defect, it must be shown that a safer option was available that could have been used instead of the product in question, which would have reduced the risk of harm to consumers.
Facts that might support this element look like:
* The product’s design lacked essential safety features that were available in competing products on the market.
* Industry standards recommend the use of materials that are less prone to failure, which the product did not utilize.
* Consumer reports indicated that similar products with enhanced safety designs significantly reduced the risk of injury.
* The manufacturer was aware of alternative designs that had been proven to be safer but chose not to implement them.
* Testing data showed that a redesigned version of the product could have mitigated the risk of harm without compromising functionality. - Element 4. The defect was a producing cause of the plaintiff’s injury. The defect in the product directly led to the injury suffered by the plaintiff, meaning that if the product had been designed differently, the injury could have been avoided.
Facts that might support this element look like:
* The plaintiff suffered severe injuries after the product malfunctioned during normal use, directly linked to its design flaw.
* Expert testimony confirmed that the design defect significantly increased the risk of injury compared to a safer alternative design.
* The product’s design did not include necessary safety features that could have prevented the plaintiff’s injuries.
* The plaintiff’s injuries were consistent with the known risks associated with the product’s defective design.
* Documentation from the manufacturer indicated awareness of the design defect prior to the plaintiff’s injury, suggesting negligence in addressing the issue.
(See Timpte Industries, Inc. v. Gish, 286 SW 3d 306 – Tex: Supreme Court 2009.)
If you’re representing yourself in court and plan to assert a claim of Product Liability – Design Defect, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate the complexities of your case effectively.
Prove Your TX Product Liability – Design Defect Claim
U.S. Civil Cases Only