Bruce Allen Buskirk, Esq. CALL NOW! Personal injury awards achieved for Buskirk and Associate clients have been in the Millions of dollars.	BUSKIRK & ASSOCIATES PC Product Liability   Tell A Friend About Bruce Buskirk   Serving The Following Areas Since 1993 Houston Spring The Woodlands North Harris County Montgomery County Conroe Tomball Cy-Fair Humble Kingwood	FREE Office Consultation Call Bruce Now! 281-583-7553 Toll Free After 5:PM and Weekends 1-866-825-8633 Fax # 281-315-8863 4606 FM 1960 W #400 Houston Texas 77069 (Building Next To Office Depot)

Product Liability

Product liability refers to the legal liability that is held by all parties that are in some way or another related to the manufacture and distribution of a product. In the eyes of Texas product liability law, a “product” includes most everything that is bought and sold such as real estate, animals, and writings. For example, a producer of defective navigational charts can be held responsible for damages caused by the use of the defective chart. Many parties are involved in the production and distribution of a product therefore many parties are legally responsible for the defective products performance. There are no federal laws governing product liability so it is the responsibility of individual states to determine who along the long chain of production and distribution is responsible for what and to what degree they are responsible.

In order for a product to give rise to liability claims the product must be deemed defective. There are three product defects that can classify a product as defective: defective products in design, defective products in manufacturing, and defective products in marketing.

A design defect is one that occurs before the product is even produced. An example of a design defect would be an unnecessarily slippery car tire. The original design of the tire might be a tread pattern that would displace water to prevent hydroplaning. However, if the end result is a tire that will not hydroplane but will loose traction in loose gravel and place the user in danger of loosing control of the vehicle, the tire could be deemed a defective product due to the defective design.

A manufacturing defect is one that occurs during the manufacturing process. This usually gives rise to only a few defective products out of the whole lot. An example of a manufacturing defect would be a single seatbelt that because of a misplaced screw did not hold tight during a collision. If a person were injured as a result of this defective seatbelt, the manufacturer could be held legally accountable on the grounds of producing a defective product.

A marketing defect is one that occurs not in the product itself but in the distribution and education process. A marketing defect could be as simple as improper instructions or as dangerous as promoting asbestos as a great home insulation. Many people can be held liable for a product’s performance under this type of defect. A local store owner can be legally responsible for encouraging the incorrect use of a product the same as a marketing director could be held liable for a large toy company.

The scope of people liable for the defective products that they produce or are in some way affiliated with is enormous. If there is a defect in any facet of a product’s performance that causes injury, there is a person who is legally responsible.

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Frequently Asked Questions
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