The majority of product related injuries arise out of either a defectively designed or defectively manufactured product. A good example of a design defect is the propensity of certain 4-wheelers to flip over forward at certain speeds even though they may operate normally at both faster and slower speeds.
When the 4-wheeler hits a bump at a faster speed the momentum is sufficient to keep the rear shocks compressed all the way through the bump. At low speeds the momentum is not sufficient to compress the shocks and the 4-wheeler rides over the bump. However, at intermediate speeds the shocks compress but the momentum is not sufficient to keep the shocks compressed all the way through the bump causing the stored energy to release as the rear wheels ride over the bump effectively throwing the 4-wheeler over forward.
As a Tyler Injury Lawyer, I have successfully handled just such a case where an East Texas college student rode his 4-wheeler over the same terrain for hours without incident and then had the 4-wheeler suddenly flip forward when he slowed to a lower speed. Unfortunately, his cervical vertebrae were crushed rendering him a quadriplegic.
Manufacturing defects usually involve a material defect or error in the manufacturing process. A good example of a material defect is a case in which an automobile's seat belt had a weak area. When the vehicle was involved in a significant impact the seat belt webbing severed at the weak point allowing the victim to be thrown from the vehicle resulting in his death.
A good example of a defectively manufactured component is illustrated by an air bag malfunction case recently handled by my law firm. An automobile struck a medium sized dog in the roadway causing minimal property damage and resulting in very little reduction in the speed of the vehicle.
The air bag inertia switch was designed to be triggered by deceleration of approximately 30 mph. Even though the speed of the vehicle was reduced by the impact by only a few miles an hour, a manufacturing defect in the inertia switch caused it to trip the air bag. The unexpected and unnecessary inflation of the air bag broke the leg of a Tyler man who was one of the passengers in the vehicle.
Our country has experienced a huge influx of cheap, defective foreign made products many of which have dangerous manufacturing defects.
After more than thirty years and thousands of personal injury cases there is virtually nothing that we haven't seen and successfully handled. There is no substitute for experience. If you want the assistance of an experienced Board Certified Personal Injury Attorney in the Tyler / Longview / East Texas area contact us today.Representative Defective Product Cases
- Texas Court Lacked Personal Jurisdiction Over Canadian Corporation in Wrongful Death Lawsuit for Worker’s Death – Bautista v. Trinidad Drilling Limited Before a court can render judgment in a lawsuit, it must have both subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction, ....
- The Year of the Recall… and the Hefty NHTSA Fine As the year comes to an end, the media will likely come up with several variations of “This has been the year of …” For those who ....
- Airbag Maker Agrees to Largest Civil Penalty in NHTSA History, Prompting Recalls in Texas and Across the Nation Ammonium nitrate – that’s just a fancy name for fertilizer, right? Yes and no. While its ability to provide a source of nitrogen to plants ....