Product Liability in Texas
Product liability occurs when a company makes a product and it causes a person harm, regardless of whether that company was negligent, missed a safety protocol or simply didn’t perform enough testing. In Texas this is a strict liability offense. So, although a connection between harm to a person and the product must be made, the plaintiff doesn’t have to show why, how or why the injury occurred in order to collect damages. The defendant will be held liable if there is a product defect and it led to harm.
Defective and/or dangerous products cause thousands of debilitating injuries every year. Not only that, products can also cause ongoing and incurable side effects resulting in suffering or even leading to death.
Product liability occurs when a company makes a product and it causes a person harm, regardless of whether that company was negligent, missed a safety protocol or simply didn’t perform enough testing. In Texas this is a strict liability offense.
What Puts A Product At Risk For Lawsuit?
Some products are by nature unsafe unless used properly. A ladder, for example, can be a problem if a person doesn’t lock it into place according to directions. If a manufacturer provides proper warnings and directions, that product would not constitute a danger.
Whether or not there is a product recall, an item can be defective no matter the size. From toys to firearms a product can have flaws in its design, warnings or instructions.
You must prove one of the following regardless of whether the manufacturer was directly negligent or not:
- There is a defect in the product that led to injury
- The product was defective by design
- Insufficient warnings were given for normal use
- Proper instructions on its use were not provided
As a prime example of a dangerous product, baby powder was considered harmless for many years. When people began to see a connection between the product’s ingredients (including asbestos) and ovarian cancer, it became a target for a group lawsuit. The product gave no indication that it could ever cause a debilitating disease.
On the other hand, if a person alters a product and uses it in a way it was not intended, that consumer may not end up having a claim against it.
Therefore, some companies will take that risk while they rake in the profits. It is important that you get in touch with a knowledgeable products liability attorney if you are a victim of defective products.
You may have to spend thousands of dollars on medical treatments and punitive damages and have every right to be compensated for what you have undergone. The first step is to file a product liability claim.
What Is The Purpose Of An Attorney?
You must know the intricacies of the law to prove that a defect exists and did in fact lead to your injuries. That is where you may fall short if you don’t contact a reputable attorney with experience in product liability.
In addition, you must understand the consistently and frequently changing legislatures and regulatory laws governing product safety, where the focus can be on protecting the manufacturers. These laws can provide a safety net for manufacturers.
It simply is not worth it to try to take on the court system and a manufacturer without proper legal representation. Arming yourself with the best possible representation in the form of an expert products liability claim lawyer in Texas gives you the highest opportunity for a successful outcome. Nothing is more important than to understand the extent of your rights to claim compensation. A professional legal team such as Aaron W. Perry’s, will guide you to understanding the complex nature of your claim.
Write down the dates you noticed symptoms and any doctor’s visits. Recording the timeline of your injury and symptoms along with when you purchased the product will help your claim.
There are many products which can result in serious medical issues. Scenarios of normal use can be varied as can the types of injuries.
Arming yourself with the best possible representation in the form of an expert products liability claim lawyer in Texas gives you the highest opportunity for a successful outcome.
Possible Causes/Types of Product Liability
- Attic ladders
- Child car seats
- Propane tanks
- Smoke alarms
- Fire alarms
- Nail guns
- Tire blowouts
- Car breaking systems
- Defective gas tank
- Defective recreational equipment
- Car seat heaters
Along with documentation, information will need to be gleaned from the involved sources.
There are more sources involved in the creation of a product than you may at first realize. Responsibility may be found in multiple places. Product manufacturing is a multi-faceted process, possibly involving retailers, product designers and manufacturers. These contributors to the end product may be difficult to pinpoint and extract information.
It is not as simple as looking up a website. Often, key personnel in a company will have phone screeners and will not readily divulge information to just anyone. You will be fighting the insurance company of the product’s manufacturer or designer.
An ace legal team will have the finesse and authority to get the necessary information and get through to the appropriate people.
Product Liability Compensation Types
Product liability cases entail numerous monetary pain-points a person can incur because of a defective product. Compensation to make up for these sources of loss are important to explore. That is why it is paramount that you go through each and every aspect of your case with a products liability lawyer in Texas. This is to ensure all damages sustained have been clearly accounted for. Below are some of the most common damages in products liability claims.
- Lost wages
- Medical expenses
- Bills paid in other damages
- Emotional and psychological distress
According to Texas law, there is a time limit for filing a product liability lawsuit. There is a two-year window beginning when the injury occurred or as soon as it was discovered.
Contact An Experienced Houston Product Liability Attorney If You Feel You Have A Claim
A dangerous or defective product needs to be addressed by the law for the good of consumers and to fairly compensate you if you’ve been exposed to it. If you feel you have a genuine products liability claim, contact the Law Firm of Aaron W. Perry, PLLC. We are skilled and experienced to fight for you and get you what you deserve.