Several products designed for very different uses are recalled every week for one important reason: they could hurt you. As a consumer, you’d like to think that every product you bring home will do what it’s intended to without harming you or your family. Unfortunately, as these examples show, defective products are a regular part of our life.


We, as consumers, often pass off an accident caused by a product as just that—an accident. But a manufacturer may have been negligent, and now you or your children are paying the price. You may have hospital bills to pay. You could have emotional trauma. There may be long-term health effects, permanent scars, or other disfigurement.


For any product liability case where a product caused you or your family harm, you must be able to prove that the product is defective. When the product is defective, the manufacturer can be held liable, or responsible, for your injuries—and you may be owed compensation for your medical bills.

Product defects occur in many ways, including design flaws, problems during assembly or production, poor instructions, or inadequate warnings. Additionally, the claim can be based on one of three factors: negligence, strict liability, or breach of warranty of fitness.

  • Negligence
    This can apply to every activity prior to a product ending up on store shelves. This can include product design; the inspection and testing of materials; the manufacture and assembly of the product and its packaging; accompanying instructions and warnings; and the inspection and testing of the final product. Manufacturers also can be considered negligent for steps that were not taken in the attempt to build a safe product.
  • Strict Liability
    Strict liability only requires you to demonstrate that a product caused an injury because it was defective; the reason for the defect is irrelevant. The product itself, not your use of it, is under investigation here.
  • Warranty of Fitness
    A warranty of fitness is a guarantee by the manufacturer that they understand how you plan to use the product and that it will meet your expectations. If a product doesn’t meet your expectations in that respect, you may have a broken promise. When a warranty of fitness is breached in that way, you may have a case.


If you believe a product caused harm to you or a loved one in any of the ways mentioned above, then an injury lawyer with Daniel Stark can help you evaluate your claim and identify the type of defect and its cause. call or text us toll free at (800) 474-1233 or fill out a free initial consultation form and tell us about your injuries today.

With offices in Bryan/College Station, Waco, Austin, Killeen, and Tyler we can help you wherever you’re located. Our Texas car accident lawyers serve clients in outlying areas, such as Bastrop, Bellmead, Belton, Brenham, Caldwell, Georgetown, Harker Heights, Hearne, Madisonville, McGregor, Navasota, Pflugerville, Rockdale, Round Rock, and Temple.