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.
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.
