Collin County Product Liability Lawyer
When seeking to recover damages for harm caused by a malfunctioning product, you must prove that a defect existed and that it directly caused property damage, bodily injury, or death. This burden of proof can be difficult to handle on your own since some types of product liability cases begin with a presumption in favor of the product’s manufacturer or seller.
If you or a loved one were harmed while using a product that failed to serve its stated purpose, you could learn about your legal options for collecting damages by speaking with a Collin County product liability lawyer. An experienced injury attorney could review your case, gather important evidence, and build a strong case against the responsible party.
How Can Someone Prove Product Manufacturer Liability?
According to Texas Civil Practice and Remedies Code § 82.001, a lawsuit for product liability brings a claim against a manufacturer for a product with a defect that caused property damage, injury, or death. If a court lacks jurisdiction over the manufacturer, a consumer may sue the seller, but the manufacturer must compensate the seller for damages or other costs arising from the lawsuit. Under certain conditions, the seller’s modification, misrepresentation, or installation of the product, their awareness of its defect, the court’s lack of jurisdiction over the manufacturer, or the manufacturer’s inability to compensate losses may trigger exceptions to their obligation to reimburse the seller.
An exception in product liability may also exist if the merchandise that caused someone harm is a product widely acknowledged as inherently unsafe, such as tobacco. This exception does not apply to cases for a manufacturing defect or breach of an express warranty. Someone who wonders about their chances of receiving compensation for damages caused by a product defect could obtain valuable information and advice by speaking with a Collin County lawyer.
What is the Difference Between Negligence and Strict Liability in Collin County?
In a claim for injury, the proof required depends on the theory under which the claimant sues. Most states have laws imposing “strict” liability for certain types of lawsuits. A claim under the theory of strict liability for a defective product does not require proof of what caused the defect, and any party in the supply chain, from designer to seller, must assume strict liability for any resulting injury. A claimant must prove that the defect existed when the consumer took possession of the product, and that it caused injury during ordinary use.
The theory of negligence, which may also be used in a product liability claim, requires proof that someone owed a duty of care to another, they breached the duty, the breach caused injury to the claimant, who sustained harm as a result. An experienced attorney in Collin County could help someone harmed by a malfunctioning product determine what type of claim is relevant for their case.
Design Defect Claims
One of the most common types of defects is a flawed design. If the design is faulty, the entire product line may be deemed unsafe for public use. This type of error could lead to a mass recall of the products that have been manufactured and distributed.
To remedy a design defect, the manufacturer must rethink the structure of the product with the safety of the consumer in mind. An attorney could work with injured parties to pursue a product liability claim against the designers of the good.
Some errors occur during the manufacturing process. These mistakes may lead do not usually leave the entire product line flawed. Instead, manufacturing defects may only affect a specific lot or products manufactured on a particular date.
Once the error is detected and remedied, the product should be again safe for consumer use. When filing a lawsuit against a large manufacturing company, it may be useful to work with an attorney who has experience with defective products claims.
Inadequate Marketing of a Product
Other product liability claims are related to inadequate marketing, rather than defects in the product itself. If the manufacturer is aware or should be aware of potential hazards, they are responsible for adequately warning consumers.
This could take the form of instructional booklets, inserts, packing information, or warning labels. If a customer is injured due to a lack of proper warning, a product liability lawyer might pursue a marketing defect claim.
Speak with a Collin County Defective Products Attorney Today
If you were injured by a product that malfunctioned or failed to fulfill the assurances made in a warranty, you could have legal grounds to seek compensation. The law protects consumers from unexpectedly dangerous commercial merchandise. Lost income, property damage, or medical expenses may entitle you to economic damages.
Speak with a Collin County product liability lawyer about the damages you could pursue and potential strategies for success. Call now to schedule your free case consultation.