Product liability it a specific area of law created to hold manufacturers, distributors, retailers and any other individual or business that makes products available to the public responsible for any injuries or illnesses their products cause. Similar to premises liability laws and dangerous drugs regulations, companies who make their goods or services public are legally obligated to act with reasonable care and must do whatever necessary to limit preventable and potential harm.
Our firm can help you in determining if you have a valid personal injury claim concerning product liability. Such claims are generally filed on the basis of three categories: manufacturing defect, defective design, and a failure to provide adequate warnings or product instructions. As these cases depend on a variety of different situations and regulations, it is highly recommended that you seek qualified legal representation before filing your claim.
Product Liability in Texas Under the Texas Civil Practice and Remedies Code § 82.005, the injured party, or claimant, is responsible for proving that their injuries resulted from a defective product. This means that a strong and highly personalized approach must be developed in order for a claimant to be favorably compensated. In addition, evidence must by thoroughly compiled and scrutinized to prove that:
- There was a safer alternative design
- The defect produced the personal injury
- A safer design would have prevented or reduced risk for injury
- A safer design was possible at the time the product was made
- The product does not comply with government standards
Common claims of defective products often involve cars and automobiles with unsafe defects, tendencies to flip over or brakes that fail to work properly. Other examples of product liability claims include tire recalls, faulty electronic equipment, dangerous appliance defects and many others. Newspapers and current event publications are often littered with claims, cases and convictions of companies who expose the public to defective products. Because these defective products can be extremely dangers and have the potential to cause life-altering injuries and fatalities, manufacturers must be held liable.
There are many other highly intricate procedures and requirements in defective products cases and the area of law is itself a frequent topic of debate. Legislation, insurance liability policies and product warnings are also very convoluted and open to interpretation. When you add these facts to the overwhelming resources and legal teams of large manufacturers and corporations, the burden of proof becomes incredibly difficult. Our firm has no fear in taking on these companies and their defective products because we want victims to receive the compensation they require and help keep the public safe from the negligent practices of business and manufacturers.
Work With Us to Fight Unsafe Products By having our firm help you file a personal injury claim on the basis of product liability laws, you can give yourself the best possible chance for a successful resolution and can help make a real difference by keeping other consumers safe from harm. Bringing defective products to the attention of the law can also help ensure that unsafe goods will be recalled or properly fixed and that others who use the products may avoid injuries. It's a win-win situation for everyone involved and The Ferguson Law Firm, P.C. knows we have the skills, talent and work ethic to help make it happen.
If you became sick or were injured because of a defective product, we strongly suggest you bring the situation to the attention of our experienced legal team. Do not let these large manufacturers intimidate you and do not allow yourself to be poorly compensated for your injuries. They must be held responsible for the injuries they have caused and make their defective products safer for everyone. To discuss your product liability case, contact us as soon as possible.