Product Liability Attorneys in Houston
Holding Manufacturers Responsible When You are Injured by Defective Products
Have you or a loved one has been hurt by a defective product? The product liability lawyers at lawyers at FileASuit.com in Houston can help you take legal action by fighting for your right to fair and just compensation to cover the cost of treating your injuries and other accident-related losses.
Contact us today to get started with a free consultation! Our product liability lawyers in Houston have the experience and skill necessary to pursue these cases efficiently and work to get you the help you need.
What Makes a Product Unreasonably Dangerous?
Generally speaking, a product is considered unreasonably dangerous when its potential for causing harm goes beyond that which would be contemplated by the ordinary consumer, or a product that would not be put on the market by a reasonably prudent manufacturer because of its dangerous condition, assuming the manufacturer knew thereof.
However, sometimes dangerous products are not considered unreasonably dangerous and are allowed onto the market because of the usefulness of the product, the obviousness of the danger, common knowledge of the danger, and the unavailability of other safer products to meet the same need. Yet even these products should come with clear warnings and instructions.
Types of Product Liability Claims
There are several types of product liability claims that we can pursue on your behalf, including:
- Defectively manufactured products: Since the problem occurs as a result of something that occurred at the place of fabrication, the product that injured you is somehow different from all the other items produced by the same entity.
- Defectively designed products: A product's design is inherently dangerous, so that the entire line is faulty, even if all of the products conform to the exact specifications of the manufacturer. Such defects often lead to product recalls.
- Defectively marketed product/Failure to provide adequate warning or instruction: The product is dangerous to the user in a non-obvious way or requires the user to take special precautions when using the product of which the user was not warned. This is why visible warning labels and detailed instructions are so important.
Parties that Can Be Held Liable for Product Defects
The field of product liability law sets out the legal rules for determining when manufacturers and/or sellers are to be held responsible for injuries caused by their defective products. As a general legal principle, these parties are responsible for ensuring that a product meets the ordinary expectations of the consumer.
The following parties can be held liable for injuries sustained by consumers caused by dangerous or defective products:
- Manufacturers of component parts
- Manufacturers of finished products
- Retail sellers
When a product purchased by a consumer contains a defect that makes the product unreasonably dangerous and the product causes injury to the consumer, the consumer has a product liability cause of action.
Generally, product liability claims are claims of strict liability, meaning the injured party does not need to prove the potential injurer was negligent, but only that the product was defective.
However, the defendant may bring up the comparative fault of the user as a defense to a strict liability product liability claim to reduce its liability by the proportion of fault attributable to the user. Under any comparative negligence system, your ability to recover damages may be reduced if you are partly at fault. In Texas, which follows a modified comparative fault rule, you can recover damages only if you are responsible for less than 50% of the injury.
Depending on the situation, an injured user may also try to invoke the doctrine of "res ipsa loquitor."
Under the doctrine, if the user can establish:
- That the instrumentality causing the injury was under exclusive control of the potential injurer, and
- That the accident would not have occurred without negligence on the part of the controller,
the burden will shift to the potential injurer to show they are not negligent. We can help you fight against this and other tactics manufacturers, sellers, and other companies in the supply chain may use against you.
Product liability claims can be complex, and you may even find yourself facing a major brand name manufacturer. Despite how intimidating such claims may seem, the experienced legal team at fileasuit.com has what it takes to stand up for your rights and secure the just compensation you deserve.
WE FILE A SUIT!