Texas statutes define products liability action as any action against a manufacture or seller for placing a defective product in the hands of a consumer. For the action to stand use of the product should result in personal injury, death or damage to property belonging to the user.
In what is being reported as a record year for the number of auto industry recalls, the trend continues with an announcement from Toyota that includes three different defects affecting more than 400,000 vehicles. Some of the alleged defects related to air bags and brake systems raise the potential for product liability claims in Texas as well as across the country.
There are a number of ways in which the products we buy can be dangerous. Some, like certain children’s toys, are dangerous because they are not age-appropriate for the intended audience and may contain small parts that are easy for young kids to choke on. In other cases, defective products are dangerous because they malfunction and cause injury to the user.
Hardly a day goes by in which Americans are not hearing about a defective product that has been recalled because it poses a danger to consumers. There is, of course, a hierarchy of danger ranging from a kitchen gadget that could overheat to an automotive defect that could cause a fatal car accident. The current General Motors recall scandal is a good example of how dangerous and deadly a seemingly small defect can be.