Pearland Product Liability Lawyer
Thousands of people are injured every year in the United States because of defective consumer products. In many cases, the product was defective when it left the factory. Indeed, some products were defective in their initial design, meaning it was only a matter of time before someone was hurt.
There are a number of legal remedies an injured consumer may seek if they have been harmed by a dangerous or defective product. An experienced Pearland product liability lawyer can provide you with guidance and legal advice in this area. Attorney Keith B. French is a personal injury litigator who has helped many clients pursue claims for monetary compensation.
How Strict Liability Applies to Defective Product Lawsuits in Texas
Unlike many other types of personal injury claims, product liability is generally considered a matter of “strict liability” in Texas. This means that you do not necessarily need to prove that a manufacturer was negligent to recover damages. The Texas Product Liability Act holds manufacturers responsible for releasing a defective product onto the market regardless of any negligent or reckless conduct.
There are three basic types of product liability claims, all of which may be relevant to a particular claim:
- Defective Design – If the manufacturer designed–or approved a design–for a product that was not as safe as it could have been and thus created unnecessary risk of consumer injury, that can give rise to a defective design claim if someone is actually hurt.
- Defective Manufacturing – A product may be safely designed, but if something went wrong during the actual manufacturing process, it could still leave the manufacturer’s control in a dangerous or defective state.
- Defective Warning – No matter how well-designed or well-manufactured a product may be, it will still likely carry some risk of injury if it is not used properly. That is why manufacturers need to provide adequate instructions and safety warnings. If the manufacturer fails to do so, they can be held responsible for any injuries suffered by consumers who unknowingly misuse the product.
One thing to keep in mind is that a product may be on the market for a long time before anyone is actually injured. Under Texas law, an injured consumer can only bring a product liability lawsuit within 15 years of the date of sale of the product in question (unless the manufacturer provided a written, express warranty for longer than 15 years). The law also limits a manufacturer’s liability in cases where the product or its labeling complies with mandatory federal regulations, such as the prescription label of an FDA-approved drug.
Contact Keith B. French Law Today
Product liability cases are often among the most complicated of personal injury claims. And even when the injured consumer has a strong case, they are often facing off against a well-funded corporate defendant. This is why it is essential to work with a qualified Pearland product liability lawyer. Contact Keith B. French Law, PLLC, today to schedule a free consultation.