Houston Defective Products Lawyer
Defective or dangerous products cause thousands of injuries every year in the U.S. These injuries may be caused by design or manufacturing flaws, or from the manufacturer's or seller's failure to warn consumers of potential dangers. Injuries can also result from user error or carelessness. If you've suffered a serious injury as a result of a defective or dangerous product, you may be able to recover monetary damages for your pain and suffering. Even if you aren't considering civil action, it'd still be in your best interest to discuss your case with a Houston defective product defective attorney, who will explain your legal options under state product liability laws.
Product Liability - Definition
By law, a product must meet ordinary customer expectations. When the product is found to be defective or dangerous, it fails to meet this basic legal requirement. When this happens, product liability can fall on all or some of the following parties:
- the manufacturer;
- the manufacturer(s) of component parts;
- all sellers within the distribution chain;
- the wholesaler; and
- the retailer(s) who sold the product.
Product liability simply means that the seller or manufacturer of a dangerous or defective product is liable for putting that product on the market and into the hands of consumers. A Houston product liability lawyer will be able to assess your situation and help you hold all responsible parties accountable for any injuries you've received from defective goods.
Texas Product Liability Laws
No federal product liability laws exist. Product liability claims are based on state laws and on the theories of breach of warranty, negligence, or strict liability. Strict liability applies solely to the sale of products made in the regular course of a seller's business, such as a retail store. A seller of a defective product purchased at a yard sale, for example, could not be held liable.
In the state of Texas, a consumer must prove that:
the dangerous or defective product caused their injury;
the manufacturer could have used a "safer alternative design" that could have prevented or reduced the risk of injury; and that
by applying existing or reasonably achievable scientific knowledge, the safer alternative design was technologically and economically feasible at the time the product left the manufacturer's control.
A manufacturer or seller may not liable if a consumer uses a product that is known to his or her community to be unsafe, or if the product is a common consumer product intended for personal consumption (e.g., alcohol, tobacco, sugar or butter). Texas liability legal fine print is quite complicated, and it's best to run your case by a Houston attorney to make see exactly how the laws apply to your situation.
How a Houston Product Liability Attorney Can Help
It's best to retain a Houston product liability attorney such as Brian White who specializes in these types of cases. Product liability claims are notably complex and challenging, and attorney White has the experience in personal injury law necessary for successful resolutions for injured clients.
If you have been injured due to a defective product, be sure to collect all of the product's packaging, labels, instructions, and the product itself. Your attorney will also obtain testimony from a variety of qualified experts - safety experts, engineers, and medical professionals - to strengthen your case. If the manufacturer or seller is found liable, you can recover damages to cover your medical expenses, loss of present or future earning capacity, future medical treatments, or any other economic hardships stemming from your injury. Contact White's Houston office today at 877-335-1175.