John Delk, Attorney at Law
Representing clients In Texarkana, Texas,
and throughout the state of Texas
with serious legal matters.
Representing clients In Texarkana, Texas, and throughout
the state of Texas with serious legal matters.

Personal Representation From A Renowned Law Firm

Evaluating a product liability claim in Texas

On Behalf of | Jan 12, 2023 | Personal Injury

Thousands of injuries and deaths occur due to incorrectly and recklessly manufactured products. In Texas, injured customers and their family members can file product liability lawsuits against product manufacturers or sellers. They must show proof of professional negligence resulting in a preventable injury or illness.

Types of product liability

Product liability cases cover three principal areas: negligence, breach of warranty, and strict liability. Negligence occurs when the manufacturer or seller sells a product that is known to be defective. The product must fail to meet its intended purpose and risk significant harm to the consumer.

A breach of warranty is the violation of a product warranty that makes specific claims about its effectiveness. A breach occurs when the product does not work as it’s intended.

Strict liability is the high responsibility associated with the manufacturer or seller of a defective product. The person or company that provides the product is held liable for any injury that occurs. A strict liability case involves proving that the sole behavior of another person’s negligence caused damages and injury.

Who is held liable

Product liability is a common complaint in a personal injury or probate case. A plaintiff can win a liability case against the manufacturer if the slightest design defect is found.

The claimant must prove that the defective product had design flaws and that its safety could not be improved with an alternative design. In addition, there must be proof that the manufacturer has failed to provide an appropriate warning or directions for its use.

Injured after using a defective product must file a product liability lawsuit. The plaintiff must prove at least one of three types of product liability: negligence, breach of warranty, or strict liability. In addition, they must prove that the seller or manufacturer created a faulty design defect and prove that this flaw resulted in personal injury or death.

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