Every product manufacturer has an obligation to produce items that do not place their users at unnecessary risk of harm. This includes producing items that function as intended and that provide fair warning to their users of the risks involved if used properly. Many manufacturers fail in this duty and willingly allow dangerous or defective products to reach the market. If a product causes an individual to sustain an injury, the injured party has the right to seek compensation.
If you or a loved one were injured due to the negligent actions of a merchandise manufacturer, a Fort Worth defective products lawyer could help you hold the responsible party accountable. Speak to a skilled personal injury lawyer to learn about how you may be eligible to recover compensation for your damages.
The Legal Basis for Fort Worth Faulty Product Cases
It is clear that all product manufacturers have a legal duty to create products that are safe for their users. However, if an injury does occur, it is not enough for a person to simply state that their injury was the result of that purchase breaking down. Instead, the plaintiff’s dedicated attorney must pursue a claim through an established legal theory of liability.
According to Texas Civil Practice & Remedies Code § 82.005, the claimant must prove that there was a safer alternative design and that the defective design caused the injury.
To prove that there was a safer alternative design, an experienced dangerous product attorney must prove that an alternative design would have prevented their injury and that the design was technologically and economically feasible at the time of manufacture. An example of a faulty design is fish oil peeling off of hernia mesh.
Another legal theory following a defective product injury is that an error occurred during the manufacturing process. To prove that there was an error in the manufacturing process, a skilled lawyer must prove how a finished product varied from the stated designs of that product. Additionally, a plaintiff must connect their injuries to that manufacturing error.
The claimant may allege that a failure to properly warn the user of the dangers associated with using the product led to the injury. A Fort Worth defective purchase attorney could help injured people examine their legal options following an injury.
For a free legal consultation, call (817) 775-5364
Defenses against Claims of Hazardous Purchases
In most personal injury cases, the defendant may allege that the plaintiff contributed to their damages. The defense team could attempt to use any means necessary to protect their clients from claims of liability.
According to Texas Civ. Prac. & Rem. Code § 82.008, there is a rebuttable presumption in a defective products case that if the product meets government standards for safety and inspection, the product is not defective. Defendants are likely to point to any inspection records required in their industry in an attempt to deflect liability.
Defendants may also argue that the injury was the result of the claimant’s own carelessness. If an injury is the result of a plaintiff using the item for an unapproved use, the defendant may deny liability. For instance, if a person sustains an injury due to falling off a chair after attempting to stand on it, they will have difficulty collecting compensation. A Fort Worth faulty products attorney could help individuals identify common defense strategies and work to discredit them in court.
Fort Worth Defective Products Lawyer Near Me (817) 775-5364
Speak to a Fort Worth Defective Products Attorney Today
If a manufacturer produces a product made for consumer use and an individual sustains an injury, they could be held liable for any damages. It is not enough for an individual to state that a product’s failure caused your injuries. They must also prove that a defective design, a manufacturing error, or a failure to warn made the product unreasonably safe for consumer use.
Speak to a Fort Worth defective products lawyer to learn about how you pursue a claim from the party responsible for your injuries and damages. They can work to investigate the cause of the product failure, prove negligence, and protect your rights in settlement talks and in court. Call today to schedule a consultation.
Call (817) 775-5364 or complete a Free Case Evaluation form
