If you suffered an injury because a consumer good that you bought in confidence malfunctioned or broke, you might wonder what options you have for seeking justice. Fortunately, in many cases, commercial manufacturers need to assume liability if they sold a defective product and caused an injury.
Proving that an item you purchased is flawed requires detailed evidence and is best handled with the assistance of a skilled personal injury attorney. A Waco defective products lawyer can review your circumstances, determine whether you are entitled to file a liability claim, and help you pursue financial compensation.
If an injured person can that something they bought malfunctioned in a specific way, the manufacturer is “strictly” liable for the results of that defect. “Strict” liability refers to the idea that an injured person (plaintiff) does not need to conclude that the manufacturer was actively negligent in creating a consumer good. Instead, the claimant only needs to demonstrate that a definite defect in the product led to their injury. There are a few different ways that a product could be considered flawed.
When a product is unreasonably dangerous even though it adheres to its construction blueprint, an attorney can argue that it features a design flaw. To successfully pursue this allegation Texas Civil Practice and Remedies Code §82.005 says that the plaintiff and their legal representation must offer evidence showing that economically and technically feasible alternative designs were available at the time the product was sold. The claimant must also demonstrate that this alternative design would have been safer. This form of product liability claim can be difficult to file, but a dedicated lawyer can help.
Meanwhile, if a specific model of a product was defective, but the item is usually safe as designed, a manufacturing defect claim could be a powerful option. In these situations, the plaintiff’s attorney must prove that a production or packaging error resulted in a flawed, injury-causing product.
Finally, manufacturers must provide adequate instructions for using a product safely. They also must warn of any known hazards associated with its use. If they fail to accomplish either of these, a plaintiff could argue that a labelling error makes a product defective. During this process, a claimant must reveal how the included instructions or warnings offered inadequate protection from injuries.
A knowledgeable attorney in Waco can investigate the circumstances surrounding the injury to determine which form of defective products claim is best for a plaintiff’s situation.
Manufacturers often strongly combat allegations that their products caused an injury, to avoid financial obligations and damage to their reputation. For example, a manufacturer might assert that an injured plaintiff did not use the product according to the provided instructions. This could be a successful defense in some cases. However, if the manufacturer anticipated that someone might use the product the same way that the plaintiff did, the item could be considered defective. It would be labelled hazardous since the corporation likely understood the danger of using the product in that manner.
Meanwhile, if a claimant or someone else altered a product before it failed, a consumer manufacturer might not need to assume liability. Similarly, if a plaintiff’s conduct caused more than 50 percent of the accident, the manufacturer will not face any blame. Finally, if a product left the manufacturer’s control more than 15 years before a claimant filed their suit, the consumer corporation will not be responsible.
A savvy lawyer in Waco understands the tactics that corporations use to fight defective product claims and can help a plaintiff overcome these strategies.
When a defective product causes a severe injury, you deserve the space to concentrate on regaining your health. Fighting with aggressive corporate defense lawyers can be a frustrating activity that can undermine your recovery.
Thankfully, an experienced Waco defective products lawyer can stand up to large manufacturing corporations. A seasoned legal representative can make these companies assume responsibility for their errors. Reach out today to get started on your case.