Denton Product Liability Lawyer
When people purchase different products, they often assume they are safe to use. Unfortunately, this assumption can lead to a devastating injury or even death. A Denton product liability lawyer may be able to help if you or a loved one suffered harm from a defective consumer good. A seasoned injury attorney from the area could review your options and develop a plan to recover compensation that best suits your needs.
Examples of Faulty Products
Generally, the goods used every day are safe to use and perform as they should, so long as they are used correctly. However, any product could prove dangerous if it contains a hazardous defect.
Some common defective products local attorneys often see in civil claims include:
- Cribs with faulty railings
- Toys with small parts
- Car airbags that fail to deploy
- Power tools with inadequate safety features
- Heavy machinery that catches fire and/or explodes
It should be noted that if a product caused harm while being used incorrectly, the individual cannot file a claim for damages. Defective products attorneys in Denton could help claimants determine if they have grounds for legal recourse.
How Could Someone Prove Manufacturer Liability?
Although a negligence claim may determine liability in these cases, it is not the primary legal theory for obtaining damages. Under Texas Civil Practice and Remedies Code §§ 82.001 – .006, strict liability also applies, so the injured party may not have to establish negligence. Instead, a local attorney must demonstrate that the goods or merchandise had a design defect, manufacturing error, or failure to warn.
Design defects mean the product was inherently unsafe and often impacts entire batches of a product. Under § 82.005, the injured consumer must show that an alternative design was available, financially and technologically realistic, and would reduce the potential for injury while maintaining the product’s integrity and usefulness.
Manufacturing mistakes address errors that occur during an item’s creation resulting in that particular item becoming a dangerous product. Identical goods manufactured at a different time or location might not possess the same risk level. Additionally, companies in the supply chain who provide inadequate warnings or instructions may find themselves answering a failure to warn claim. Furthermore, no liability will attach for obviously unsafe goods.
Legal Limitations on a Claimant’s Recovery
Generally, Texas law does not impose restrictions on an injured party’s ability to recover damages. However, there are procedural rules that could reduce an award or result in a case being dismissed entirely.
Civil Practice Code § 16.012 requires a person to raise product liability allegations within 15 years from the sale date unless the manufacturer or seller provides a longer warranty period. A party who fails to file within the applicable window risks having their case dismissed, losing any opportunity for compensation.
Compensation, as described in Civil Practice Code § 41.001, may include uncapped economic and non-economic damages. Although the law does not cap these amounts, Civil Practice Code § 33.003 may reduce compensatory awards to match the injured party’s responsibility level, and § 33.001 bars recovery to a claimant responsible 51 percent or more of the harm.
Texas also allows exemplary damages awards if the responsible parties engaged in malicious or particularly reckless conduct. Unlike compensatory damages, Civil Practice Code § 41.008(b) limits punitive damages awards.
Discuss Legal Options with a Denton Product Liability Attorney
If a faulty product injured you or a loved one, you might have grounds for legal recourse. A Denton product liability lawyer could help you file a defective product claim against the at-fault party and provide reliable guidance throughout the process.
Schedule a free consultation by calling our office today. We look forward to speaking with you.