A recent news report revealed that federal investigators found several contaminants in some baby food brands. Even organic products were found to contain heavy metals like arsenic and lead. Experts believe that children exposed to heavy metals could be at risk. Heavy metals have been linked to brain damage, behavioral impairments, and even death. Advocates argue that the FDA should regulate the baby food industry more because it does not have any limits on heavy metals.
You may be able to file a product liability case against the manufacturer if you purchased baby food from one of these brands and your children were injured by the product. Baby food heavy metals lawsuit is a strict liability offense. If the defect in the product caused injury, the defendant can be held liable. Texas recognizes three types of product defects.
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You may be able to make a claim if the product's design is dangerous or defective. The manufacturer may not be liable if the product is "clearly hazardous" to reasonable users. The plaintiffs must prove that the product was dangerous and that an alternative product was economically and technologically possible. This would allow the manufacturer to avoid liability.
Failure to Warn:
If a manufacturer fails or doesn't provide instructions, a product could be considered defective. A product that must be used in a specific way to avoid injury could be considered defective.
You may be eligible to file a claim for manufacturing defects if there was a quality control issue that led to a defective or flawed product. To prove that the product was defective plaintiffs must show clear evidence. They should keep the defective product as evidence.