Are you an injured consumer looking for answers after being harmed by a defective product? You are not alone and may have the right to seek compensation from responsible parties. The first step in doing so is figuring out who should be held accountable for your suffering.
Establishing liability in Houston product liability cases requires an understanding of Texas laws and proving fault. A knowledgeable product liability attorney could help you navigate the complexities of these claims and pursue the compensation you deserve.
What Is Product Liability?
Texas follows strict product liability laws to hold manufacturers, distributors, and retailers accountable for defective products that cause harm to consumers. Victims of faulty product accidents may file one of three types of claims: manufacturing defects, design defects, and failure to warn.
Manufacturing Defects
These types of claims occur when an error during production causes a product to deviate from its intended design.
Design Defects
Design defects refer to flaws in a product’s design that make it unsafe, even with correct manufacturing.
Failure to Warn
A defect in marketing, in which a product lacks sufficient warnings or instructions, constitutes a failure to warn claim.
To build any of the above claims, an injured individual must demonstrate that a product was defective, its defect led to their injury, and they used the product only as intended. After doing so, a Houston attorney could help the victim determine who is liable for their product defect injury.
Texas Product Liability Laws
Texas has unique laws governing product liability claims. For example, Texas Statute Sec. 33.001 states that injured parties found to be more than 50 percent responsible for their injuries are not allowed to recover damages. Additionally, Texas courts limit recovery of compensation to specific remedies.
Injury victims should also pay close attention to the state’s statute of limitations for filing a lawsuit. Texas law typically allows individuals two years from the date of their injury to file a product liability lawsuit. A skilled lawyer could ensure that an injured person does not miss any important deadlines when establishing liability and filing a Houston product liability claim.
Proving Liability in a Product Liability Case
Establishing liability requires the presentation of evidence linking defective products to injuries. Depending on the case, liability may fall on one or more parties, including manufacturers, distributors, and retailers. Texas law requires that injury victims demonstrate that a product was defective and that it caused harm.
Proving fault in a Houston product liability case can be difficult, especially without legal representation, because it requires extensive evidence. This evidence may include the product itself, medical records documenting injuries, and expert testimony from medical professionals. Additionally, a lawyer could investigate prior complaints about the product, product recalls, and purchase receipts. Our legal team could also look for evidence to suggest the victim used the product as intended and is not responsible for their injuries.
Contact a Houston Lawyer for More Information on Establishing Liability in Product Liability Cases
Establishing liability in Houston product liability cases can be difficult against large companies with the support of steadfast insurance companies. Therefore, working with an experienced lawyer is important to securing the best outcome for your case. Your lawyer could challenge claims of product misuse, assumption of risk, and statute of limitations. With dedicated legal counsel, you may be able to receive compensation for medical expenses, lost wages, property damage, and other losses. Contact Schechter, Shaffer & Harris to learn more.
