The primary goal of product liability law is to ensure that the companies act responsibly in how they design, manufacture, and market their goods. If a manufacturer sells a product with a dangerous design, a manufacturer error, or insufficient instructions for safe use, they may hold strict liability for injuries.
However, establishing liability in Galveston product liability cases can be a legally complex and evidence-intensive process. While nothing replaces guidance from knowledgeable legal counsel, the following offers a brief overview of what makes a manufacturer legally liable for a defective product injury. It also outlines the typical steps involved in pursuing a successful product liability lawsuit.
Establishing Strict Liability for a Defective Product
A manufacturer is strictly liable for a product injury if specific criteria are met, meaning they are responsible for the consumer’s damages even if the manufacturer did not act negligently in producing the defective product. For most claims, the criteria for strict liability are as follows:
- The product contained a serious defect in its design, manufacturing, or marketing
- That defect existed when the product left the manufacturer’s direct control
- The product retains essentially the same condition it had when it left the manufacturer’s direct control
- The person filing suit suffered physical injury primarily and directly because of the defect
- The person filing suit was using the product reasonably and for its intended purpose at the time of the injury
There may be additional requirements for proving strict legal responsibility in claims built around certain types of product defects, as one of our Galveston attorneys could further explain.
What Other Ways Can a Party Be Liable for a Defective Product?
While it is usually easier to hold manufacturers strictly liable for defective product injuries, it is still possible to build a claim around traditional negligence theory. To hold a manufacturer liable for causing an injury through negligence, you would need to prove that a specific reckless or careless act by that manufacturer directly led to you suffering an otherwise avoidable injury.
Alternatively, some product liability claims rely on a breach of warranty, which entails a manufacturer making a false claim that a product will function in a certain way. Once again, a member of our team could discuss how to demonstrate fault in this specific type of Galveston lawsuit during a confidential meeting.
Call a Galveston Attorney for Help With Determining Accountability in Unsafe Product Claims
Even if you know what type of defect caused the product you were using to malfunction and injure you, holding that product’s maker civilly liable for your injuries can be difficult.
Our team at Schechter, Shaffer & Harris has extensive experience establishing liability in Galveston product liability cases. Once retained, we could work on your behalf to ensure the law holds the right people accountable for the harm a defective product has caused you. Call us today to schedule a case review.
