Pre-prepared and packaged baby food has served as a convenient option for busy parents of infants and toddlers for decades. As parents, we only want what is best for our children, and we should be able to trust that the products we purchase for them to put into their bodies is safe and nutritious. When these food products contain contaminants that could be toxic, this oversight could lead to serious personal injury or even death to those most vulnerable. In certain cases, dangerous food products may give rise to a Texas product liability lawsuit.
According to a recent news report, federal investigators have found that some brands of baby food products contained several contaminants. Even products labeled as organic were found to be contaminated with heavy metals such as arsenic, lead, and cadmium. According to experts, exposure to these contaminants could pose significant risks to infants and toddlers, and heavy metals have been associated with brain damage, behavioral impairments, and even death. Because the FDA does not set limits on heavy metals specifically for baby foods, advocates argue that the agency needs to do more to regulate the industry to ensure our children’s safety.
If you have purchased baby food from any of the reported brands and your children have been injured as a result of the defective product, you may have a product liability claim against the manufacturer. In Texas, product liability is a strict liability offense, which means that negligence does not get the manufacturer off the hook. Thus, if there was a defect in the product and it caused the injury, then the defendant is liable. Texas recognizes three types of product defects.
If the design of a product is defective and endangers a consumer, then you may have a claim. If the product is demonstrated to be “clearly dangerous” to any reasonable user, however, then the manufacturer of the product may escape liability. Plaintiffs must not only show that the design was unsafe, but that a less dangerous product could have been used, the alternative option was financially and technologically feasible, and the alternative would still retain the product’s use and utility while reducing the danger.
Failure to Warn
A product can also be considered defective if a manufacturer fails to warn consumers of potential dangers or does not include instructions for use. In particular, if a product must be used a certain way to avoid injury, a failure to provide clear instructions could result in liability for the defendant.
If there is a quality-control issue resulting in a flawed or defective product, you may be able to bring a manufacturing defect claim. Plaintiffs must demonstrate clear evidence that the product was defective, and should hang onto the defective product to serve as evidence.
Do You Need a Texas Products Liability Attorney?
If you or someone you love has been recently injured as a result of a defective product, contact the San Antonio product liability attorneys at Carabin Shaw today. Our lawyers have years of experience representing clients in all types of personal injury claims and will advocate tirelessly on your behalf to get you and your loved ones the compensation you deserve. For a free consultation today, contact us at 800-862-1260. No fees unless we win!