When commercial products harm the average consumer, there are federal and state laws in place to hold manufacturers, distributors, and retailers accountable. Individuals who have been injured, lost their lives, or have damaged property as the result of a defective or dangerous product, have the right to pursue compensation in a product liability lawsuit.
The knowledgeable lawyers at the Villarreal & Begum Law Firm have extensive experience in product liability law and protect the rights of victims and their families to maximize the recovery they are owed. If you or someone you love believes an injury is the result of a defective product, call us to schedule a free, no obligation consultation today.
In order to build a successful product liability case, the next step is proving that you were injured as the direct result of the manufacturer, distributor, or retailer’s actions (Texas Civil Code Section 82). What that will require can be extremely complex, as you must have a full understanding of Texas product liability laws and the ability to collect the necessary evidence. An experienced product liability lawyer will know how to navigate and build a strong claim on your behalf. They have the resources to:
If your lawyer is working for you on a contingency fee basis, they will also take care of any upfront costs and will only get paid when they win, so there is no risk to you.
There are many types of product defects that a manufacturer, distributor, or retailer can be held liable for, including:
A poor design can make a product defective before it even hits the manufacturing floor. If the manufacturing company poorly designed a product and knew the design could have flaws, they may be liable if the product directly injures you.
A defect can happen during the manufacturing process. This usually doesn’t affect every product unit, but rather just a few of them.
A company could be liable if a product has inadequate instructions regarding its proper use, or fails to warn consumers about improper use or dangers associated with the product.
A breach of warranty happens if the product becomes defective during the period in which the product is still under warranty. If you’re injured by a defect within that time, then you have grounds for a product liability case.
Depending on the circumstances, there are multiple parties that may be liable for the injuries you sustain in a defective product case. Those commonly include the:
Other potential parties are a product designer or marketer, outside consultants or contractors, engineers, and any other party involved in the chain of distribution. Your Texas product liability attorney can help you determine which parties can be held liable for your losses.
Product liability injury victims can recover compensation through strict liability and negligence lawsuits. Neither legal theory requires any intent to harm, but the exact differences come down to the level of care expected to be carried out by the responsible party.
Under the legal theory of strict liability, the defendant is automatically responsible for injuries caused by a defective product. The plaintiff (victim) doesn’t need to prove that the defendant’s negligent or reckless behavior caused their injuries. Instead, you must only prove the following:
The first requirement will typically be the most challenging to prove. Manufacturers, suppliers, and sellers will fight hard to avoid having a product labeled as defective.
On the other hand, in negligence causes of actions, the plaintiff must prove that the defendant failed to act as a reasonable person would have under similar circumstances. Which requires evidence of the following four elements:
Strict liability will likely be the main focus of a plaintiff’s product liability case, since the “burden of proof” is easier to meet.
Product liability cases commonly involve defective:
However, any type of defective product has the potential to be dangerous.
It is important to note that individuals wishing to initiate product liability claims in Texas, do not have an indefinite duration of time to bring a lawsuit. In accordance with Texas Civil Practice and Remedies Code Sec. 16.003, those injured in product liability cases are given two years from the date of the injury-inducing event to initiate a claim.
Each product liability case may differ in the amount of compensation available, as the figure can hinge on a variety of unique factors. Examples of considerations include how severe the injury is, how your life is impacted and will be in the future, and how your ability to earn an income is affected. Most often, the following damages can be recovered:
Victims of defective products only have two years from the date of their injury to pursue a lawsuit in Texas. Contact the Austin personal injury attorneys at the Villarreal & Begum Law Firm today, so we may move forward with your claim. Reach our Austin office online or by calling (512) 888-7777.