Do you have grounds for a product liability claim?

On Behalf of | Dec 15, 2021 | Firm News

As a Texas consumer, you expect that any product you purchase meets safety standards and performs as advertised. However, if you use it as intended and it causes you harm, you might have grounds for a claim.

According to Cornell’s Legal Information Institute, product liability claims may involve negligence, breach of warranty of fitness or strict liability.

Elements of a claim

Companies might rush new products through the development process to deliver products to the market faster. At other times, may know their products carry risk but determine that the benefits outweigh the risk. If you used a product with devastating consequences, you must prove the following:

  • You suffered injuries or losses
  • You suffered because the product was defective
  • You used the product as the manufacturer intended
  • The defect caused your injuries or losses

The higher the risk of injury associated with a product, the greater the duty of care. Texas product liability laws protect consumers from negligence and inherently unsafe products.

Types of defects

Even if you sustain injuries as a result of using a product, it does not mean the product itself is dangerous. The party held liable for damages depends on the type of defect.

If your injury was due to a glitch in the equipment that created it, it might be a manufacturing defect. A correction to the equipment can remove the danger. Design defects exist if the danger results from an inherent flaw in the design. Unlike a manufacturing defect, which might affect some products, all products contain the same hazard with design defects.

Failure to warn defects are also known as marketing defects. Companies must disclose the potential risks and hazards that consumers may not discover by using a product as recommended. If the company knows about possible danger and does not warn you, the consequences may be severe.

Product liability laws are complex. Understanding how they affect your case is critical for obtaining the compensation that can help you pay for medical bills, lost wages and other damages.