The Role Product Testing Plays in Defective Product Lawsuits

September 24, 2019 | By DJC Law Attorneys
The Role Product Testing Plays in Defective Product Lawsuits

If you were injured by a defective product, you might be entitled to compensation. Texas law requires that products work as consumers expect them to. When a product fails, it can cause devastating injuries and possibly death.

Helpfully, many companies engage in extensive product testing before they release something onto the market. Product testing is a way of finding out whether the product meets certain safety standards set by the government. Other entities can engage in product testing. Indeed, you might find product testing when bringing a defective products suit for your injuries.

How is Product Testing Information Helpful?

Manufacturers should have engaged in extensive product testing before the release of their products. However, manufacturers sometimes hide their product testing information, or they make it very hard for consumers to find. In commercials and advertisements, manufacturers might only cite superficial statistics—“Safest product on the market!”—without going into detail about how safe the product actually is.

But the details matter, often in a product liability suit. For example, product testing might have revealed that a product could become dangerous if not used properly. The manufacturer should therefore include adequate safety instructions or warnings. When those warnings or instructions are absent, the product is unreasonably dangerous under the law.

In your lawsuit, you will often find product testing information useful. For example, it can be used to show that a manufacturer was aware of a problem but did nothing to rectify it.

Product testing can also make exemplary damages possible. For example, product testing on the old Ford Pinto showed that Ford was aware that the engines could explode on contact, even at low speeds. Ford went ahead and released the vehicles even with the defective design. When this product safety information was released to the public, people were outraged.

Why Attorneys Might Test Products

Sometimes, your lawyer might hire an expert to engage in product testing. This can happen where the manufacturer did not properly test their product to begin with. There might be inadequate information about how a product reacts under certain conditions. Your attorney might find product testing information helpful depending on the defect and how you have formulated your case.

Of course, product testing is not always necessary. Under the law, most product liability cases can be brought if a product simply fails consumer expectations, which can rely on a jury’s common sense. For example, a blender shouldn’t explode, sending metal parts flying throughout the kitchen, and you don’t need product testing to establish this fact.

Contact an Austin Defective Product Attorney

If you’ve been injured by a defective product, you should move quickly to protect your rights to compensation. Remember to preserve the product that injured you so your attorney can look at it. You should also receive prompt medical attention, which can fully document the severity of your injuries.

Contact DJC Law to schedule a free consultation. We have brought many product liability cases and can fight for fair compensation. To schedule a free consultation, please call 512-888-9999.