The vast majority items in stores for sale are safe for use as directed, but some products end up causing preventable injuries to innocent consumers. Thousands of people suffer injuries every year because a product they were using malfunctioned or did not perform as advertised.
A Leander defective products lawyer represents people who suffered harm because of a dangerous or flawed consumer product. Once a skilled injury attorney proves that the manufacturer was negligent or the product was unreasonably dangerous because of a flaw in its design, manufacturing, or label, you can likely collect compensation for your injuries and losses.
A defective product claim could become an option in almost any context. A person who believes they suffered an injury due to a defective product should consult a Leander attorney for a case review.
Many injuries or accidents result from a product not performing properly. Defective tires, brakes, airbags, and other components often lead to motor vehicle crashes. Small appliances could overheat, explode, or cause a fire. Construction materials could fail, leading to a building collapse or serious mishap.
Meanwhile, some products might take time to show their defects. For example, some C-PAP machines contain an insulating foam that breaks down over time, releasing toxins that cause serious health complications. Similarly, some drywall can host toxic mold. Medical devices such as artificial joints or implantable defibrillators could malfunction and cause significant harm. Legal representation can help with holding the right parties responsible after any form of product defect scenario.
Someone who suffered injuries due to a defective product could file a claim holding the manufacturer liable. A Leander lawyer might seek compensation through arguing strict liability, traditional negligence, or both.
Strict liability refers to when a plaintiff seeks compensation for a defective product regardless of the negligent party’s intent. An injured person can prove strict liability in one of three ways. They must demonstrate that the:
Proving a product is defective often requires expert testimony from engineers and other professionals. A hardworking legal team member can help with this process.
An injured person could prove the manufacturer was actively negligent by showing they did not use reasonable care to prevent an injury to a user. Although this strategy requires proving the manufacturer was careless or reckless, negligence is sometimes easier to prove than strict liability.
When an individual claims a manufacturer is liable for injuries caused by a defective product, the manufacturer might try to avoid liability by raising one of several common defenses. A Leander attorney with experience in product liability cases can be prepared to counter a defense and bolster an injured person’s case.
One frequent defense manufacturers raise is comparative negligence. Texas Civil Practice Law and Rules §33.003 makes each party responsible for their contribution to an accident. If an injured person deserves more than 50 percent of the blame for an accident, they cannot collect damages. A legal professional can ensure that a manufacturer is not successful in pinning an unfair portion of responsibility on an injured person.
Another common defense is that the injured person modified the product before it malfunctioned. A manufacturer is not liable if the product was in a substantially different condition when it malfunctioned than when it left the factory. Similarly, the manufacturer is not liable if the injured person misused the product in a way the manufacturer could not have anticipated. However, if it was predictable that a consumer might misuse the product in a specific way, the manufacturer would be liable if that use caused an injury.
If you suffered harm because a product did not perform as it should, you can likely hold the product’s manufacturer liable for your damages and losses. A Leander defective product lawyer can construct your case, assert your claim, negotiate a reasonable settlement, or take the manufacturer of the item in question to court.
Strict time limits apply to defective product claims, so do not delay. Contact a legal professional today to discuss your situation.