Product Liability Cases in Dallas - Tips from a Texas Personal Injury Lawyer

Most of us seldom question whether or not the items we buy regularly are risk-free. Unfortunately, many consumer goods are incorrectly designed, manufactured, or marketed. These blunders might result in serious harm or even death.

The rush to get a product to market and start making money might be one source of these mistakes. Unfortunately, product safety isn't always given top billing.

Thankfully, you have rights in the Lone Star State if a faulty product has hurt you, and we'll explain them here.

We'll go through a few distinct categories of product problems that may be claimed in Texas. You may be eligible for compensation if you can prove that your injuries were caused by one of these three flaws in a product you owned.

What Are the Different Types of Product Liability?

In Texas, product liability is an offense associated with "strict liability." This means that the defendant may be held responsible for any damages resulting from the product's flaw, with Chapter 82 of the Texas Code of Civil Practice and Remedies serving as the basis for this rule in the Lone Star State.

Texas law specifies three distinct categories of product flaws: manufacturing defects, design defects, and failure to warn.

Design and Manufacturing Defects

Even if the manufacturing process is faultless, a product with a flawed design poses a risk to its consumers. It's important to differentiate between establishing an unsafe product and proving its flawed design. The producer cannot be held legally responsible for any damages consumers suffer if the product is unsafe to any "reasonable" user.

A plaintiff alleging a design fault in a product in Texas must prove more than simply that the product was harmful when designed. Also, they have to show that:

1. It would have been better to select a less risky design.
2. From a monetary and technical perspective, such a concept would have made sense to implement.
3. This safer alternative design would not have compromised the product's usefulness in any significant way.

Meanwhile, a flaw in production or manufacturing is a random occurrence; hence, it may or may not be present in every unit of the same product. Inadequate quality assurance or manufacturing processes are often at fault for such flaws. You may file a claim for damages due to a manufacturing flaw without meeting any further criterion.

However, you will need to provide concrete proof of the faulty merchandise. If the manufacturing flaw rendered the goods useless or damaged, this might cause significant problems.

Examples of typical examples of manufacturing defects are:

• Tires with worn treads.
• An inoperative car safety lock.
• A car seat's defective handle buckles or snaps.

What is Failure to Warn?

The failure of a manufacturer to provide adequate instructions and/or warnings concerning the product's usage may also constitute a product defect under Texas law.

The maker must provide a warning label or statement of caution if the product poses an unreasonable risk to the user.

The maker is also responsible for offering instructions for the product's safe usage if such uses have lesser risks of damage. A Texas product liability claim may be made if one of these failures occurs.

Cases involving a failure to provide a warning could include:

• An unstable child's chair clamps onto a table and may topple if not set up correctly.
• A dangerous log splitter can potentially cause fatal injuries if the operator puts their hand in the wrong location.

Common Injuries in Product Liability

Product liability incidents in Texas

may lead to many different injuries. For instance, faulty furniture that topples onto an individual can lead to various abrasions, fractured bones, and concussions but can also lead to severe head, back, or spinal injuries.

Some injuries have the potential to be extremely painful and debilitating for weeks, months, or even years. More serious injuries can cause victims to be out of work in the long term, leading to loss of pay and earning potential.

As a victim, you can be entitled to compensation for financial losses like:

• Medical expenses
• Distress and suffering
• Lost income or loss of future earning potential
• Wrongful death

When you submit a claim for product liability, you may be reimbursed for out-of-pocket costs such as hospital and medical bills, visits to the doctor, prescription drug costs, and essential diagnostic tests. In addition, you may be eligible to receive reimbursement for any missed revenue that has occurred as a direct consequence of your incapacity to work.

Plus, you have the right to reimbursement for non-economic damages and losses, such as pain and suffering, emotional trauma (often referred to as pain and suffering), and loss of companionship or consortium. These types of damages and losses are not quantifiable in monetary terms.

If you are physically able to do so in light of your injuries, it is often beneficial to submit a formal report with a manufacturer to pursue your liability claim. Reporting the accident establishes a record of what occurred, making it more challenging for the incident to be swept under the rug, and gives you evidence to support your claim.

Seeking Damages For Product Liability

Generally, you must file a claim of negligence against a product's manufacturer to be compensated for your damages. A skilled and competent personal injury lawyer can assist with preparing a product liability lawsuit, strengthening your claim with relevant facts and evidence, and persuasively presenting your claim.

To establish fault in a product liability claim, you must show the following:

• A product was dangerous in an unknown manner to the consumer.
• The hazard(s) was known to the manufacturer or producer directly or indirectly.
• The manufacturer failed to take reasonable precautions to eliminate or lessen the risk of injury related to the product.
• You suffered injuries and other damages after encountering the product or after the hazardous nature of a product resulted in an accident.

Call a Product Liability Attorney at Rasanky Law Firm

If you've suffered injuries due to the negligence of a product manufacturer, you could be compensated for your medical expenses, residual pain or injuries from the incident, and lost pay resulting from your incapacity to work.

Our team at the Rasansky Law Firm specializes in assisting individuals in your situation, and for many decades, we've gained the trust of our clients across Texas.

If you have been injured in Texas and have questions about your legal options, don't hesitate to contact our Dallas product liability lawyers at 214-617-1816. We're here to help you and yours with a free initial case evaluation and can be reached 24 hours a day, seven days a week.