The safety of infant and baby items is regulated by a variety of state and federal bodies. While these agencies have the authority to administer and enforce federal safety rules, a large number of unsafe products continue to enter the consumer market. Each year, newborns and children in Texas are exposed to potentially lethal products. When this occurs, family members may wish to pursue a Texas product liability lawsuit against the maker or merchant of the defective goods.
For example, Fisher-Price is recalling one of its most popular infant goods once again. The United States Consumer Product Safety Commission received reports that the Rock n’ Glide Sleeper was responsible for the deaths of four newborns. In each case, the infants were placed in the sleeper unrestrained on their backs but were later discovered unconscious on their stomachs. Infants ranging in age from 11 weeks to 4 months died. The current recall follows a similar issue in 2019, when the business decided to recall its Rock’ n Play sleeper following reports of numerous babies suffocating after turning onto their stomachs in the gadget.
Product liability cases in Texas often fall into one of three categories of defective product claims. The accusations are typically based on design flaws, failure to warn allegations, or manufacturing flaws and they usually fall into mass tort cases as it harms or affects numerous people. When a product’s defective design creates a hazard for the user, design defect claims apply. In these circumstances, claimants must demonstrate that the corporation could have employed a less harmful design, that the alternative design would not have imposed an undue financial burden, and that the alternative design would have preserved the product’s purpose and usage. Failure to warn claims apply when a product presents an unreasonable risk even when used in accordance with the manufacturer’s instructions. Finally, manufacturing faults assert that the product is defective as a result of a manufacturing error.
Manufacturers and distributors of infant products have a legal team to defend against these accusations. As such, people who believe they have a viable claim for compensation should contact a Texas product liability attorney. Several frequent defenses include impugning the plaintiff with fault, contending that the product did not cause the plaintiff’s damages, or using a “assumption of risk” argument. Similarly, product producers may avoid liability if the plaintiff’s claim is not time-barred. The statute of limitations is determined by the specific facts surrounding the injury and damages.
Have You Been Injured as a Result of a Defective Product?
If you or a loved one has been harmed by a defective product, the Texas product liability attorneys at Carabin Shaw can assist you in recovering compensation for your losses. Our law office has a good reputation in the community as one of the leading personal injury litigation firms in Texas. Carabin Shaw has been putting customers first for over 25 years, ensuring that they receive the compensation they deserve following an accident. Our law office represents clients who have been injured as a result of defective products, premises liability, wrongful death, motor vehicle accidents, and medical malpractice.