If a malfunctioning product caused you or a loved one to suffer injuries, you may be entitled to recover compensation for your damages. Injuries caused by a product defect can be life-changing and leave you to face an uphill battle, unsure of how to proceed. As such, you could contact a College Station defective products lawyer to help you recover for your injuries. An experienced personal injury attorney could even the playing field if you are up against a large manufacturing company and advise you throughout the legal process.
Who May Be Legally Responsible for a Product Defect?
Depending on the situation, someone injured by a defective product may bring a lawsuit against either the seller, the manufacturer, or both. A College Station attorney could help a claimant determine who may be legally liable in a defective product lawsuit.
The primary target of most unsafe product cases is the manufacturer or the company that made the product. A manufacturer is responsible for a product defect occurring during the design or manufacturing process.
A design defect occurs when the composition of a product makes it dangerous to use. A design defect makes the entire line of products dangerous. To prove a design defect, the claimant must establish that a safer, yet still economically reasonable design was possible, and the company chose to not use this option.
A manufacturing defect occurs when one or more units from a product line become dangerous during the manufacturing process. A manufacturing defect arises if the product is not built according to the intended design and the result is a harmful flaw that puts the consumer at risk.
An injured party could also file a lawsuit against the seller of a dangerous product. A seller is liable if they modified a product or handled it in a manner that made it unsafe. Claims of false advertising could also be brought against the seller if they provided misleading or inaccurate information to sell it.
Liability for Product Defects
In defective product claims, an injured party files a lawsuit against the defendant under strict liability. Strict liability can be easier to prove than negligence, but it still requires evidence of fault against the defendant. To establish strict liability against a manufacturer, a claimant must prove that:
- There is a defective product
- The product was not changed after leaving the manufacturer
- The defect resulted in a dangerous product
- The defect caused the claimant’s injury
Once these elements are proven, the claimant is entitled to recover compensation. Additionally, while an injured party may file suit against a seller for a defective product, this entity may not ultimately be responsible for paying the plaintiff their damages. Under Texas Civil Practice and Remedies Code § 82.002, a manufacturer must pay the damages when a seller is sued for a product defect that resulted from the manufacturer’s actions. A seller is solely liable when their actions caused the product to become defective after it left the manufacturer’s control. A seller may also be liable if they participated in the design process of a product. A College Station attorney could help prove liability in a defective product case.
Find a College Station Defective Product Attorney
If a product’s defect caused you to suffer injuries, do not hesitate to hold the defendant responsible. Our firm could help you take on the company that caused your injury. Contact our firm today and schedule a consultation with one of our experienced attorneys. A College Station defective products lawyer could help you recover compensation for your injuries.