When it comes to consumer safety, we all have the right to expect products on the market to be safe for their intended use. However, accidents caused by defective or dangerous products can happen, leading to serious injuries or even loss of life. Fortunately, our legal system allows recourse for victims through product liability lawsuits. If you’ve been injured due to a defective product in Texas, you have rights that deserve protection.
Understanding Product Liability
Product liability refers to the legal responsibility of manufacturers, distributors, retailers, and any other party involved in the supply chain which produces and sells products. When a product is defective or unreasonably dangerous, and that defect causes harm to a consumer, the injured party may have grounds to file a product liability lawsuit.
Types of Defects
Generally, there are three types of defects that can lead to a product liability claim:
(1) Manufacturing Defect: These occur when a product departs from its intended design due to an error during the manufacturing process.
(2) Design Defects: Design defects involve flaws in the products overall design, making it inherently unsafe.
(3) Marketing Defects (Failure to Warn): Inadequate labeling, warnings, or instruction can also lead to product liability claims. Manufacturers have a duty to provide clear instructions and appropriate warnings for proper product use.
Proving Liability
In order to successfully pursue a product liability claim, you and your attorney need to establish the following elements:
(1) the produce had a defect;
(2) the defect caused your injury;
(3) the product was being used as intended when the injury occurred. Product liability cases can be complex, requiring thorough investigation, expert testimonies, and legal expertise to build a strong case. If you or someone you love has been injured as a result of someone else’s negligent acts, contact an experienced attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713) 222-7211 or 1-800-870-9584 for your free consultation. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the longest standing personal injury firm in Texas, and our attorneys are standing by to assist with your claim.