A product liability claim arises when a defective consumer product injures someone. When this happens, the injured victim can seek money damages from the defendant in a product liability claim. The defendant can be a manufacturer, a retailer, or any other party in the chain of distribution. The victim does not have to be the person who purchased the product.
What You Have to Prove to Win a Product Liability Claim
Under Texas product liability law you must prove the following elements to win a product liability claim.
- The defect caused an injury (or a death);
- The product was defective at the time it injured the victim;
- The product’s defect was unreasonably dangerous;
- The product reached the consumer in the same condition that it was in when it left the manufacturer’s custody;
- The product’s defect actually caused the injury; and
- The defect arose from the defendant’s negligence or other misconduct (unless the defendant is the product manufacturer).
If you sue the product manufacturer for a product liability claim, you don’t have to prove that the product manufacturer was at fault. In essence, manufacturers ensure the safety of the products they manufacture. You must prove fault, however, to win a claim against any other party in the product’s chain of distribution. Further, you cannot sue a private party in a product liability lawsuit (your next-door neighbor who loaned you his chain saw, for example).
Wrongful Death
If someone dies from a product defect, Texas wrongful death law allows the spouse, children, or parents of the victim to file a wrongful death lawsuit based on product liability. If they don’t do so within three months of the death of the victim, the personal representative of the deceased victim’s probate estate may file the lawsuit. In most cases, however, the personal representative is a close relative of the deceased victim.
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Design Defect Claims
In a design defect claim, the victim alleges that the defect lies in the design of the product itself. A lawnmower, for example, might contain an inherent danger due to its engine design. A design defect alleges that even if the manufacturer manufactured the product exactly according to its design, the product is still unreasonably dangerous.
Manufacturers fight hard against design defect claims. This is because if they lose the case, they might have to take the product off the market and redesign it before they can sell it again. Otherwise, they might face a multitude of product liability lawsuits in the future.
Manufacturing Defect Claims
In a manufacturing defect claim, the victim asserts that the defect arose because the manufacturer did not manufacture the product according to its design. The defect may have been intentional. The manufacturer may have cut corners to save money, for example. In other cases, the defect might have been completely unintentional.
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Warning/Label Defect Claims
Some products are valuable even though they contain inherent defects. A prescription medication, for example, might save many lives even though it is unreasonably dangerous for certain kinds of patients. Regardless of whether the danger is avoidable or unavoidable, however, the manufacturer must warn of the danger.
Missing Warnings
The label on a bottle of prescription medication, for example, might state that pregnant women should not take it. If it does not include this warning, it will risk liability. A manufacturer is not liable, however, for warning against every possible defect that a product might contain. It is only liable for the defects that it would discover through a reasonable process of investigation and testing.
Inadequate Warnings
An injured party might win a warning defect claim even if there is a warning on the product or in its documentation. This might happen, for example, if the warning was:
- inconspicuous;
- inadequately worded; or
- inadequate to protect the consumer for some other reason.
When in doubt, consult with your lawyer.
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Yes, You are Going to Need a Lawyer for This One
Since product liability claims can be scientifically complex, it is unwise to even try to assert such a claim on your own. You need an experienced product liability lawyer. Don’t worry about money, however. Any reputable products liability lawyer in Texas will charge you nothing unless they win your claim.
Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers For Help
For more information, contact the Houston personal injury law firm of Attorney Brian White Personal Injury Lawyers by calling (713) 500-5000.
Attorney Brian White Personal Injury Lawyers – Houston
3120 Southwest Freeway, Suite 350
Houston, TX 77098
Open 24 Hours
Attorney Brian White Personal Injury Lawyers – East Fwy
11811 East Fwy, Suite 630-06
Houston, TX 77029
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Attorney Brian White Personal Injury Lawyers – South Loop
2600 S Loop W, Suite 293
Houston, TX 77054
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Attorney Brian White Personal Injury Lawyers – Katy Freeway
11511 Katy Fwy Suite 515
Houston, TX 77079
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Attorney Brian White Personal Injury Lawyers – Burnet
205 S Pierce St.
Burnet, TX 78611
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Attorney Brian White Personal Injury Lawyers – Clear Lake
1300 Bay Area Blvd Suite B268
Houston, TX 77058
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Attorney Brian White Personal Injury Lawyers – The Woodlands
1776 Woodstead Ct ste 203,
The Woodlands, TX 77380
Open 24 Hours
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