If you have been injured by a dangerous or defective product, you may be eligible to recover financial compensation by filing a product liability claim. Since proving negligence in these types of cases can be quite difficult, Texas and other states use a “strict liability” theory.
Since manufacturers are in the best position to make sure their products are safe for consumers before they are available on the market, they can be held “strictly liable” for any foreseeable injuries caused by a def or safety issue. Rather than proving negligence, an injured party must only prove that the product was dangerous and defective.
The following are the four elements an injured party must prove to win a product liability claim:
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The product is defective – There are three main types of defects: manufacturing defect, design defect, and failure to warn. A manufacturing defect occurs when the product is flawed due to an error in making it. A design defect occurs when the product is properly manufactured by the design of the product is flawed. Lastly, failure to warn means the manufacturer did not include instructions or warnings about the inherent dangers of the product that are not so obvious to consumers.
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The product reached the injured party without any significant change in condition – Essentially, the defect existed when the product was sold by the manufacturer/retailer and purchased by the injured party.
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The defect made the product unreasonably dangerous – Despite using the product as it was intended, according to the manufacturer’s specifications, the injured party still suffered damages because the product itself was inherently dangerous because of the defect.
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The defect caused injury – The injured party must show that the defect directly caused their injury and they suffered damages, such as medical expenses, lost income, property damage, and even pain and suffering.
Product liability cases are often complex, which is why it is wise to hire an experienced Dallas personal injury attorney to determine if you have a strong case and guide you through the intricacies of the legal system. At Mathias Raphael PLLC Accident & Injury Lawyers, we have helped our clients recover millions of dollars in a wide range of cases, including product liability claims.
Injured by a defective product in Dallas, Houston, or Chicago? Call Mathias Raphael PLLC Accident & Injury Lawyers at (214) 739-0100 or complete our online contact form today to schedule a free consultation.