Do I Have a Valid Product Liability Claim in Texas?
Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for any injuries or damages caused by defective products. This area of law ensures that people and families can seek compensation for harm that results from the use of defective, dangerous, and lethal products.
These cases change and make America safer.
This can include a wide range of products, from hammerblow trailer hitches, manlifts without current safety devices, car haulers, Yoohoo old twist tops that cause the bottle to explode, defective drilling unit, soundproofing that was not fireproof, consumer, metal on metal hip implants and tire inflaters without cages.
At The Haslam Firm, we have helped many families in Courts in Fort Worth, Dallas, Eagle Pass, San Antonio, and Houston, and Miami on product cases.
Product cases are very difficult if the State laws are not evaluated for the particular product. Foreign companies and manufacturers have been given many protections and immunities by our State Legislators and donate heavily to sell dangerous products that maim and kill our fellow citizens, family and friends. You need a team to pursue these cases with qualified experts and attorneys that are familiar and experienced with the nuances to be successful in these cases.
Your case may change the product so others do not to go through what you have gone through. Call us, we have been there before.
Proving a product liability claim involves several key elements. Here are five things to consider:
Establish the defect: You must demonstrate that the product was defective in design, manufacturing, or marketing. Secure the product ifor evaluation and photographing.
Prove causation: You must establish a direct link between the defect and the injury or damage incurred. This means showing that the defect caused your injuries and that those injuries would not have occurred if the product had been safe.
Show that the product was used as intended: You need to prove that you were using the product in a manner consistent with its intended purpose. Misusing the product may weaken your claim unless it si a standard “misuse” and the product should be designed safely around these known uses.
Demonstrate product exposure: You may need to show that the product was in the stream of commerce and that you had access to it. Keeping receipts or any identifiable information about the purchase can be beneficial in proving this point.
Types of Product Defects
To determine if you have a valid claim, it is important to understand the three main types of product defects:
Design Defects
These occur before the product is even manufactured. A design defect means that the entire line of products is inherently unsafe. For instance, if a certain model of a car has a design flaw causing brake failure, it affects every unit produced.
Manufacturing Defects
These defects occur during the manufacturing process, making the product different from its intended design. Imagine a batch of pressure cookers with faulty seals, leading to potential explosions. Unlike design defects, manufacturing errors may only affect a portion of the products.
Marketing Defects
Often referred to as "failure to warn," these defects relate to inadequate instructions or warnings about a product’s use. If a medication lacks clear guidance on potential side effects or dangerous interactions, it could be considered a marketing defect.
Do This After a Product Injury
If you suspect a product defect has caused injury, taking prompt action is critical:
Seek immediate medical attention: Your health should be your first priority. Medical documentation will also serve as vital evidence for your claim.
Preserve the product: Keep the product in its current state without attempting repairs or modifications. Sometimes the product is not available but it is important to save parts if you can.
Document everything: Collect receipts, medical reports, and any correspondence related to the product. Photographs of injuries and the product can also strengthen your case.
Contact an attorney: Reach out to The Haslam Firm to assess the viability of your claim and to get personalized legal advice tailored to your situation.
Product Liability Laws in Texas
Unlike some states, Texas follows the doctrine of "strict liability." This means that the manufacturer or seller can be held liable for defects irrespective of negligence. However, the law also considers comparative fault, meaning that if you are partially responsible for your injury, your compensation might be reduced. Additionally, there is a two-year statute of limitations for product liability claims in Texas.