Fort Worth Product Liability Attorney

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Product Liability

Product liability cases involve dangerous products that cause injuries to consumers. Cases such as airbags that do not function properly in a car accident or electrical appliances that cause fires due to defects are product liability cases. Injuries from product defects can range from minor to catastrophic, even deadly. If you have been injured here in Fort Worth or anywhere else in Texas, it is important that you speak with a Fort Worth product liability expert to be sure that you preserve your evidence and your claim.

Three types of product defects

Product defects generally fall into one of the following three categories:

  • Design defect – A design defect is present when a flaw in the product design makes that product dangerous to consumers.
  • Manufacturing defect – A manufacturing defect is not related to the design of the product, but rather, it relates to an error in the construction and manufacture of the product.
  • Marketing defect – A marketing defect occurs when the product does not contain proper warnings related to the product’s danger or when it does not come with proper instructions regarding how to safely use the product.

Product liability claim strategies

Product liability claims in Texas are typically presented to the court as either a strict liability claim or a breach of warranties claim. See below for a description of each.

  • Strict liability – Usually when a personal injury case is brought, a plaintiff must show that the defendant’s negligence caused his or her injury. Texas has a strict liability law for product defect cases. A brief summary of strict liability is that a plaintiff is not required to prove negligence if he or she can show the following elements: 1) The product has a defect. 2) The defective product is dangerous. 3) The product was not altered after the product’s purchase. 4) The defect caused the plaintiff’s injury. If those elements can be proved by the plaintiff, the defendant will be held strictly liable and there is no need to show who was negligent and how.
  • Breach of warranty – A defendant may prove a product liability claim by showing that the defendant breached an express or implied warranty that a product is fit and appropriate for a particular purpose, that it is free from defects, and it is safe for a particular use.

Product liability defenses

Common product liability defenses include showing that the statute of limitations has run, that the plaintiff did not use the product the way it was intended or in a way that was reasonably foreseeable, the product was altered after purchase, that the defect did not cause the injury, or that the plaintiff’s negligence caused or contributed to his or her injuries.

If you believe you may have a product liability claim, contact Fort Worth product liability attorney, Dorothy Hyde, to schedule a consultation. Our products liability team will review the facts and evidence in your case including the injuries you sustained. If you have been injured due to a defective product, we will work to see that you are fully compensated for your injuries and damages.

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