How Can I Prove an Injury Was Caused by a Defective Product?

I’m David Salazar, and I’m a product liability lawyer based in Houston, Texas. We provide a lot of information here as well as on our YouTube channel and in our Facebook group, the Safety Guardians.

We talk about a lot of things, including recalls and dangerous items that are common in many households. In fact, some of the most dangerous items may actually be in your house right now. And we address how you can prevent bad things from happening. We also talk about instances where people have been injured and where you need to be careful. I try to help you keep yourself safe.

Today, I’d like to talk about a question someoone asked us: “How can I prove an injury is caused by a defective product?” Well, that’s a good question and there are a lot of different ways to do that. Some are obvious. Some are not so obvious.

 

A valid injury

First and foremost, there needs to be a valid injury. And I cannot stress this enough. You cannot almost get injured and claim an injury. That’s not how it works. You have to have a valid injury. You have to be injured in some way.

There has to be some kind of tangible injury for a claims department or a manufacturer to look at it and say, “Okay. Look, this legitimately happened.” You can’t almost have gotten burnt in an accident or almost have gotten into an accident in a car that was defective or recalled. That’s not how it works.

 

How the product was used

You also have to make sure that the product or thing was used in a manner that a reasonable person would use it or in a way that the instructions say it should be used. Still, if you have some hedgers and they say they are rose hedgers, but are going out and hedging shrubs instead of roses, that’s okay.

They are still used for a particular purpose, which is to hegde. And that’s fine. It’s just that you can’t use them to chop down a tree. So there has to be a valid injury. And the product has to be used in the way it was meant to be used.

Then there are other things that are not so clear cut. What I mean by that is there are a lot of times where you think you may have gotten injured because of a product but you’re just not sure. I’ll give you an example.

 

Babies

Babies cannot tell you what’s wrong. But all of a sudden, if they get sick and if, for some reason, you suspect that it’s the baby food, you won’t know that the baby food is tainted. You have to find that out. So a lot of times, we have to use experts to find out whether a product has been tainted or defective in some way.

 

A client example

We had a client. She brought in her little 2-year-old girl. And about six months before, her daughter had gotten deathly ill. No one could explain why. They took her to the hospital. And the doctor started asking questions. And the doctor vetted out that it was probably the baby food.

The family had the baby food tested and the baby food was tainted with lead. So the child got lead poisoning. And no one knew that. And had the doctor not asked those questions, no would have ever found out. So some things are obvious and some things are not so obvious in how you can prove whether or not a product is defective, recalled or tainted.

 

If you have questions

I hope this has been helpful. If you have a question about something like this because you have been legitimately injured, give me a call and I can take a look at it and let you know. There are a lot of recalls. There are over 400 recalls a year. And this is very common. It happens all the time. I’d love to hear your thoughts on this and look forward to talking to you soon.