Products liability laws not only help prevent injuries and potential deaths, but also hold manufacturers, distributors and suppliers responsible in case the product does cause injuries. The details vary concerning whether retailers should be held responsible in these circumstances, as well, and can depend on the type of case and state. In Texas, and the rest of the United States, there are different types of product liability laws that place blame on defects and failure to warn the public about potential safety hazards.
According to Claims and Legal Resources, the Texas Products Liability law breaks down into factors such as defect in design, alteration of products and unavoidably unsafe products. For example, to assert a design defect case in Texas, the plaintiff must prove by a preponderance that there was a safer alternative design and that the defect was a producing cause of the personal injury, property damage or death. Texas courts use a risk-utility analysis to determine whether a defectively designed product is unreasonably dangerous according to the law.
Forbes magazine reports on recent safety hazards of fidget spinner toys, where the manufacturing of imported, cheap versions of the toy are placing consumers at risk. According to Forbes, some of these toys contain parts that children under three could choke on, should the parts fall off. While toys containing small parts are legal, they must also include choking hazard notifications in the package. Research finds that many of these fidget spinners do not contain necessary choking hazard warnings in packages, and experts warn parents of the potential risks to small children.