A new item should be exciting to use and enjoy. When that item has a defect, it could cause you serious harm and losses.
When you are left with a defective product, your hard-earned dollars go down the drain, and you could be out of work to heal. However, there is a solution to your problem: a skilled Manor defective products lawyer can file a claim and secure monetary compensation for your injury and financial losses. Contact our personal injury attorneys to learn more about your legal options.
A product liability action can be brought based on any of the following legal claims:
Strict liability from both a tort and product perspective means a maker or seller is responsible for the harm from the product regardless of intent or negligence.
For negligence, a claimant must present evidence that the company’s actions ignored warning signs or did not have the proper procedures to prevent such harm. For example, a company could have used old parts to make the device to save money.
Misrepresentation happens when a company markets an item to appear that it functions one way when it does not. Often, a claim for misrepresentation is followed by a fraud assertion because some individuals create fake products to deceive others for monetary gain.
A competent Manor attorney can identify the applicable claims before bringing forth a product liability case in favor of those hurt. Often, an injured person and their attorney raise more than one claim.
Texas Civil Practice and Remedies Code § 82.001 details how product liability actions work. As such, a product liability claim must originate from bodily harm, loss of life, or damage to property purportedly created by a defective product made by a manufacturer and sold by a seller to the consumer.
A manufacturer is a person who owns the intellectual property rights to the items through designing, formulating, constructing, rebuilding, fabricating, producing, compounding, processing, or assembling parts of the product or the product in its entirety.
A seller is the one who puts the product in the stream of commerce through marketing, pricing, and selling the item directly to consumers. There are rare instances where the maker and supplier are the same. This can be through a corporation having a subsidiary company that sells its specially made items—for example, a custom-made car by Ferrari or custom-made jewelry.
There are three forms of product liability: inadequate warning, manufacturing defect, and design defect. A case will fall under one or more of the three kinds of responsibility for faulty consumer goods.
A manufacturing defect is an error occurring during the creation of the device, which now makes the product in its totality defective. Manufacturers generally become aware of a widespread defect through customer complaints, likely leading the company to recall the product.
On the other hand, a design defect occurs when the device is designed with a specific flaw that reasonable product design companies would have caught, or it is a novel flaw that the business could not have foreseen. However, the company did not exercise reasonable care during the design process in many situations because their bottom line was profit.
Insufficient warning includes situations where the manufacturer or seller gives no caution statement to the consumer. By inadequate means, the hazardous notice did not tell the consumer that the specific harm could result from using the product. A practiced Manor defective products lawyer can initiate a thorough investigation, resulting in the company paying adequate damages.
You must file a claim for a defective product no later than two years from the harmful situation or lose the right to sue. Do not let a procedural roadblock prevent you from getting the compensation you deserve. Contact us to discuss how a Manor defective products lawyer can represent you.