Dallas Defective Products Lawyer
Consumers have a right to assume that products available in the marketplace are safe to use as directed. Although most products are safe most of the time, almost any product can injure a user if there was a shoddy design, an error in the manufacturing process, or the warnings that came with it are inadequate or unclear.
A person who was injured by a defective product might be able to bring a claim for money damages. A consultation with a personal injury lawyer soon after the injury could protect the injured person’s rights and offer clarity about legal options.
State Products Liability Law
Texas Civil Practice Code and Remedies §82.001 et seq establishes the proofs that an injured person must present to win damages in a lawsuit alleging a defective product. The plaintiff’s burden depends on whether the plaintiff is alleging a design defect, a manufacturing error, or a failure to warn. A dangerous products lawyer could advise an injured consumer about which theory of liability is appropriate in a particular case.
Some products are hazardous no matter how they are designed—a chain saw is an example of an inherently dangerous product. Demonstrating that a product is dangerous is not enough to prove a design defect. A Dallas plaintiff contending that faulty design causes a product to be unreasonably dangerous must show that:
- Safer alternative designs are available
- A safer alternative design is feasible from an economic and a technological perspective
- If the safer design was used, the product would still be appropriately functional
- If the safer design had been used, the plaintiff would not have sustained their particular injury
What Is a Manufacturing Error?
If a product is not unreasonably dangerous in most circumstances but it failed in some critical and unexpected aspect because of a mistake in production or installation, it might have a manufacturing defect. A plaintiff alleging a manufacturing defect must present evidence that clearly demonstrates the flaw and ties it to their injury.
Failure to Warn
If a product is dangerous in a way that a reasonable consumer would not expect it to be dangerous, the manufacturer must provide clear warnings of the danger. For example, if a cell phone battery could explode if left to charge overnight, the manufacturer and seller of the phone must warn a consumer of that specific risk. If a consumer must use a product in a certain way to reduce danger, the manufacturer must provide clear instructions explaining the safest way to use the product.
A consumer alleging a failure to warn must present evidence showing a link between the alleged insufficiency of the warning or instructions and the plaintiff’s injury.
Common Defenses to Product Liability Claims
Manufacturers typically present a vigorous defense to any product liability action. They wish to protect their market share and might contend that the product that injured the plaintiff is not the same product they manufactured or sold. The burden is on the plaintiff to prove that the product came from a particular manufacturer and was purchased from a particular supplier or retailer.
Can The Injured Party Be Partially At Fault For a Defective Product?
Texas holds plaintiffs responsible for their negligence and does not permit a plaintiff who is more than 50 percent at fault for a mishap to claim damages. Thus, a defendant in a products liability case might assert that the user is to blame for any injury they suffered, perhaps by altering the product, failing to follow instructions, or using it for a purpose for which it was not intended. A savvy defective products attorney could counter those arguments by showing that the plaintiff used the product in a way that the manufacturer could have reasonably anticipated.
Reach Out to a Dallas Defective Product Attorney
Manufacturers, distributors, and retailers typically play hardball when defending product liability claims. Pursuing a case for damages requires a savvy advocate who can secure the necessary input from experts and use that information to push back on a defendant’s denial of responsibility.
With an experienced Dallas defective products lawyer by your side, you will have someone fighting to get you fair and appropriate compensation for your injuries. Schedule a consultation today.