Sherman Defective Products Lawyer
Every manufacturer has a legal duty to ensure that their items are safe for consumer use. If the consumer uses a product as intended, that maker must give assurances that it will not harm the user. Any failure in this duty can result in serious injuries. When that happens, the injured individual may be able to seek compensation from the product’s maker.
If you have been injured while properly using a defective product, a Sherman defective products lawyer could help you to pursue a claim for personal injury. Whether the defect occurred in the design of the product or resulted from a mistake in the factory, the maker is responsible for any injury that affects a user. A dedicated products liability attorney could help you through each step of the process to give you the greatest chance of success.
Proving a Defective Product Case in Court
Defective product lawsuits are a type of negligence claim alleging that a manufacturer allowed an unsafe product to reach the market, and thus caused the plaintiff’s injury. Even though this maker did not intentionally harm the victim, the law states they have a duty to protect their customers which means not allowing defective products to hit the markets.
A product’s maker could violate this duty by allowing a design flaw to diminish or remove the safety of their product. A mistake could also occur during the manufacturing process. In this scenario, the design would be safe but an error in manufacturing results in a defect.
When these errors cause injuries, the consumer may be able to bring a claim for compensation. However, all claims are subject to a strict set of time limits call the statute of limitations. Under Texas Civ. Prac. & Rem Code, Title 2, Ch. 16, Sec. 16.003, a court may only hear a case if a plaintiff files a complaint within two years of the date of injury.
Defenses Available to Manufacturers in Sherman
Plaintiffs should never expect the defendant in their case to accept their demands. While a defendant does not need to present any evidence in court, there are common defenses available to a manufacturer in defective product case.
Perhaps the most common defense manufacturers will try to use is to argue that the injured person did not use the product as intended. Even the most innocuous item can be rendered dangerous if it is not used in the proper way. By claiming the product was not used as intended when it caused the injury, the manufacturer may not be able to be held liable since may not be responsible for injuries caused by using the product in an unforeseeable manner.
Another potential defense is that the product is inherently dangerous and that the user accepted the risk. This especially applies in cases alleging defective medications or power tools. These are items that are intended to be used with full knowledge of the potential risks and, if a person uses this item, the defendant may argue that they accepted the risk and waived all potential lawsuits.
Let a Sherman Defective Products Attorney Be an Advocate
Manufacturers must create products that are safe for consumers to use. Any failure on the part of the product’s maker to ensure that the item is designed safely and was manufactured correctly can result in a serious injury.
When that happens, you have the right to file a claim. An experienced Sherman defective products lawyer could lead the way in these defective products lawsuits. We work to gather evidence about how the injury occurred, demonstrate what steps the maker could have taken to prevent the injury, and talk to experts in the field about how changes in design could have resulted in a safer product. There is a limited time to file a case. Contact us today so we can get to work for you.