What are 3 Types of Product Defects That Can Result in a Lawsuit?

Product liability is an area of law that ensures consumer safety from hazardous, defective or unsafe products or items that are offered for sale in the marketplace. If or when a consumer is harmed by a defective product, a product liability lawyer can advise the person injured on any claim or cause of action against the responsible party. Those who manufacture, sell, design or distribute a product have a legal responsibility for its safety once it enters the marketplace. If the product fails, the consumer can hold the responsible party liable for injuries sustained in using it.

The basis for product liability claims by consumers are most commonly a result of defective automobile parts or design, vehicle recalls, unsafe or recalled pharmaceuticals, recalled baby toys or child safety seats, food recalls as a result of poor packaging or contamination, poorly designed medical devices, recreational equipment, defective power tools, and industrial equipment defects.

Though there are numerous instances in which a defective product could injure a person, defects that give rise to supplier, seller, or manufacturer liability are categorized by three types of product defects: design defects, manufacturing defects, and marketing defects. Defects may occur due to poor workmanship, careless packaging or assembly, faulty design, failure to warn of risks or hazardous consequences if a product is not used as intended, and so on.

Liability for a defective product that causes injury is the responsibility of all sellers in its distribution chain. A product must meet ordinary expectations by those who purchase it. When the product poses an unexpected danger or risk to a consumer, i.e., it does not meet ordinary expectations of the consumer, then the parties responsible for selling it can be held liable for the product’s defect. In a case of liability, an injured party, the plaintiff, must show that the product that caused the injury was defective and that defect caused the product to be unreasonably dangerous or unsafe in its use, causing injury.

Contact an Attorney

By consulting with a product liability lawyer, he or she can help establish a case for product liability not the result of user error. With nearly four decades of experience, the product liability lawyers of Hardy, Wolf & Downing have sought damages for their clients injured by defective products. Hardy, Wolf & Downing has long established a network of qualified industry experts who can determine a product’s defect, whether by fundamental design flaws or faulty manufacturing. To establish liability for a defective product, your product liability lawyer will look at the three types of product defects to decide which cause of action against the responsible party to pursue.

Design Defects

A product liability lawyer will first determine if a design defect caused the injury. A design defect results from a poorly designed or improperly tested product or item. Poor design will show that all the products are more than likely defective and unsafe or dangerous to consumers.

Manufacturing Defects

If design defects can be eliminated as a cause of action then a product liability lawyer will look to manufacturing defects as the cause. A manufacturing defect is not a result of a product’s design but the process, meaning, what made the product unsafe was introduced when it was made.

Marketing Defects

The third type of product defect is referred to as marketing defects. These types of defects relate to the warnings and instructions that are included with a product. Failure to provide clear instructions or warning labels on a product by the manufacturer can result in the manufacturer being held liable if a consumer is injured.

There are many times that a product is defective but does not cause injury or other times that injuries are caused by simple human error. However, if you believe you have been injured as a result of a defective product it is important to meet with a product liability lawyer—for your own sake and the sake of others who use that defective product. A product liability lawyer at Hardy, Wolf & Downing will help protect your rights and ensure you receive just compensation for those losses associated with medical expenses, lost income, diminished earning capacity, pain and emotional suffering.


Product Liability Lawyers


Houston defective products law firm, Patrick Daniel Law, has some of the most knowledgeable and experienced product liability attorneys and defective product lawyers in Texas. Our Houston products liability attorneys protect consumers against defective products and know the kinds of tricks product manufacturers and product designers try to play on consumers. Our defective product attorneys also know all the games Houston insurance companies try to play and we’ll help you to avoid some of these traps.


If you were injured by a defective product in Houston, Harris County, or nationally, our defective product lawyers want to hold all people in the supply chain liable. Our product injury attorneys want to hold all those who allowed the product to come to market liable. Businesses should not release a faulty product or bad product design, especially if they know the product may cause injury. If you’re looking for a Houston product liability law firm, Patrick Daniel Law is here to defend you and help you to recover your losses after your injury.

Our Houston defective product attorneys are experienced, knowledgeable and will work 24/7 to ensure that justice is served in your product liability case. If you would like to speak with one of our product liability attorneys at our Houston law office for a free consultation, call (713) 999-6666 or contact us online.


If you were injured by a defective product in Houston, or anywhere else in the nation, and would like a free consultation with our Houston product liability law firm, contact Patrick Daniel Law by calling (713) 999-6666 or contact us online.


Consumer products are manufactured to be consumed. Whether they work as advertised, endure long enough to justify their cost, or are safe to use, are all too often secondary concerns of the manufacturer. Efforts to improve products are often the result of competition, not due to heartfelt concern for consumers. This is why a lot of defective products get pushed out into the market.

So, when things go wrong; when faulty steering causes an accident; when a defective or dangerous toy mars a child’s face; when the clothes dryer overheats and starts a fire, someone should be held accountable and be made to compensate the injured party. If you are that injured party, contact the defective product lawyers in Houston, Texas – Patrick Daniel Law. Our Houston product liability law firm will defend you, fight for you, and do our best to help you win and recover after a defective product injury.

Product liability cases are time-consuming, frustrating, and rife with legal pitfalls, but the Houston defective products legal team at Patrick Daniel Law has the experience, patience, and passion to provide clients the settlements they deserve, no matter what it takes.

Questions To Ask Your Attorney

When you are meeting with your divorce lawyer at the initial points before your case starts in court, you should have some questions that you need to ask him/her so that you can become clear about some matters. However, don’t ask such irrelevant questions since there are more important things to focus on at first.

When in the first meeting, ask the attorney about the questions which you should have already listed down, so you don’t forget asking him/her earlier since later you can incur additional charges. Such important information mostly rotates at the finances and children’s custody. Here are what you need to ask your attorney when meeting before the case begins.

1. Fee Structure Of The Attorney

Ask your divorce lawyer about the fees he/she will charge you. You should know how the attorney will be able to bill you in your case if it’s fixed or according to the events that occur. Be ready, however, to some financial implications because some divorce can take years before being finalized.

2. The Divorce Procedures

You should ask your attorney concerning your state’s divorce procedure that you are required to follow. However, the period for completion of the case still depends on the situation complexity; the attorney needs to give you an estimated timeline. You can prepare yourself to take a long time in divorce procedures if you are committed elsewhere since you can’t be available most times.

3. Alimony Issues

Every state specifies if a spouse can ask for alimony. Some cases are according to your marriage’s length whether you both raise children at home, or in the arising discrepancies between the two of you. So if you are the one who is asking for alimony or you are concerned on the payment liability, you need to inquire, and you can be enlightened on the available possibilities if the divorce pushes through.

4. Child Custody

The moment you have children together, deciding on the one to be under children’s custody will always be complicated. However, you can request from your child custody attorney so that you can know who is likely to get the children’s custody. Ask your attorney about your chances of getting the custody because mostly the custody can prolong the divorce so you need to know if there might be challenges. You can be able to inquire concerning alternative dispute resolution, including arbitration and meditation if you want to go into the trial so you can avoid.

5. Splitting Marital Assets

Many states laws have a straightforward solution on splitting the marital assets between the spouses. However, every state’s formula is different as it dictates laws on ownership of properties. You, therefore, need to inquire from your lawyer concerning the same so that you can know ahead.

6. Inquire On The Communication Process

You should inquire from your attorney on which are the available means of communication throughout the entire divorce case. If you decide on using the phone or by email or even face communication with your lawyer, whatever that your attorney will decide on is what you will consider. The messaging or video conferencing is, however, secure means since it has evidence. You should also wisely select the one to help you with the divorce procedures apart from your lawyer and the times you will check in.

7. Inquire On Monitoring Your Case Status

Most attorneys currently incorporate technology in their work that makes your work easier. The entire process will be kept transparent, which will help you to follow every step. When meeting your attorney, inquire if they can use technology in their office. Ask if they have case management software which can be used in messaging your attorney, to track your case status, and to review the documents.

8. Ask If Your Attorney Sees A Positive Potential

It will be the best chance for you to think ahead about what next. After you are done with submitting all the evidence to your attorney, inquire if the attorney sees the possibilities of you winning the case. You need to take a chance according to the questions, and your story lives that your attorney wants to know by asking if there are possibilities of the case favoring you. You need to ensure the attorney hears you and look for more confidential evidence that can help you get acquitted.

After knowing the above questions that you should inquire from your attorney, it is clear that you won’t incur any more charges when asking the attorney such questions in the future. You will also be enlightening in your case.