Texas Product Liability
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The increase in the ability to order products online from across the globe has opened up a wave of new industries that were unheard of only decades ago. While this has been great for international consumerism, it has also meant a decline in the quality of goods that are provided to many consumers. If you can purchase a product online from across the world at a rate half the price as what you would find in your local neighborhood store, most people will choose the most cost effective option. However, what happens when this product leads to dangerous injuries due to design defects?
PRODUCT LIABILITY CASES
Product liability claims cover a wide range of recovery options and depend largely on the type of product defect, the resulting injury, and when the defect occurred during production. It therefore takes a specific type of attorney to bring a product liability claim against a negligent manufacturer or retailer. The claim must directly point to the time during the manufacturing process when the defect occurred and must have enough evidence to back this claim. An experienced product liability attorney will understand the manufacturing process for the specific product and will assist you in filing a claim that correctly pinpoints the moment during the manufacturing when the defect occurred.
Product liability cases often involve three different theories of recovery:
- Breach of warranty
- Strict liability
In negligence claims, an injured consumer must be able to prove that the manufacturer or store owner was negligent in the design, manufacture and promotion of the product. Breach of warranty claims have their foundation in contract law, and a victim may recover the amount of damages based on a claim that the manufacturer breached their warranty to the consumer.
The most often turned to theory of recovery is strict liability. In order to bring this claim, a victim must show:
- The product was defective;
- The defect existed prior to purchase; and
- The defect caused the victim’s injuries.
One of the leading theories of strict liability recovery after an accident from a dangerous product is based on the inherent design defects. When developing a new product to take to market, a manufacturer must ensure the product goes through rigorous testing, including placing the product in scenarios that have nothing to do with the intended use. A latent flaw, which occurs during the design process, could lead to serious injuries to consumers. A product liability claim based on design defects will carefully investigate the design defect that led to the accident.
As the victim of an accident caused by a product’s design defects, you are entitled to the following:
- Medical expenses
- Future earnings
- Pain and suffering
A manufacturer has a high duty of care to any consumer of their products to warn in case of impending injuries and to accurately test their products for any latent design defects. The failure of the manufacturer to act in a reasonable manner could subject the manufacturer to liability in case of injury.
MALLEY LAW FIRM | HOUSTON PRODUCT LIABILITY ATTORNEY
If you or a loved one have been injured due to a product’s design defects, do not hesitate to contact the Malley Law Firm. Tony Malley works closely with his clients during any product liability claim and understands the danger that can come from the failure to adequately test products. If a product causes severe injuries through its intended use, the manufacturer should be held responsible for the resulting injuries. Contact our Beaumont or Houston offices today for your initial free consultation.