Galveston Product Liability Lawyer

Galveston Product Liability Attorney

When you purchase a product, you do so with the assumption that it will work as it is intended. You also assume that any risks associated with using the product are clearly and appropriately stated on the packaging. However, companies sometimes fail to provide you with such information.

If you are harmed due to a defective product or incomplete packaging information, a Galveston product liability lawyer can help you receive the compensation you deserve.

Texas Product Liability Law

Product liability is handled at a state level, meaning that laws may vary from state to state. In Texas, individuals can file claims against manufacturers and sellers who are responsible for injuries they incurred as a result of a defective product. Sellers and manufacturers are not only required to provide compensation for injuries but also to provide adequate information regarding their products and necessary safety precautions.

Who Is Held Liable?

Oftentimes, the manufacturer of a product is held liable for any defects in the product. Liability can fall under many categories, such as manufacturing defects, design defects, and improper warnings.

This includes flaws in the way a product was originally designed, issues in the assembly process, and failure to properly communicate warnings on the packaging. Such failures can lead to the following and more:

• Personal injury
• Death
• Property damage
• Economic loss

Types of Claims

Consumers can file various types of product liability claims. An experienced attorney can help you determine which claim fits your situation. Typically, a product liability claim falls into one of three categories.

Manufacturing Defect Claim

A manufacturing defect claim can be filed by individuals who incurred an injury because of a mistake during the product’s manufacturing process. This means that the product does not function the way it was designed to function, often because it was improperly manufactured.

In these cases, your specific product may be one of only a few that malfunction because the flaw occurred not in the design but in the actual assembly of the product.

Design Defect Claim

A consumer may also file a design defect claim if they sustained an injury from a product that was designed in a flawed way. In these cases, it must be proven that the actual design was the factor that made the product dangerous.

Additionally, it must be proven that the design was unreasonably dangerous. Some products are reasonably dangerous, such as a kitchen knife. You couldn’t sue a knife company for creating a sharp product.

Lack of Warning Claim

A lack of warning claim can be filed by individuals who have incurred an injury from the lack of warning on a product that explains the potential dangers of using it. This is especially true in cases in which the danger of a product is not strikingly obvious in the way the danger of a kitchen knife is obvious. One example of products that require danger warnings is cleaning products, which often contain chemicals that can be dangerous if ingested or used incorrectly.

Burden of Proof

In cases concerning defective products in Galveston, TX, it is essential to show that you sustained real injury as a result of using the product. Close calls and injuries that almost happened are not enough to file a claim. There are various ways to prove your injuries, such as medical records and witness statements. You must also be able to tie the injury directly to the product, which a lawyer can help with.

In some scenarios, especially those concerning manufacturing and design problems, expert witnesses may be helpful to your case. For example, in a case involving an electrical appliance, it can be beneficial to have an electrician explain the technical issues involved. An experienced lawyer can help you find the right witnesses for your case.

FAQs

What Is the Product Liability Law in Texas?

Texas’ product liability law allows individuals to recover damages for injuries to themselves or their property as a result of a defective product. The manufacturer, or even the seller, may be held responsible for such damages in Texas. The law allows for a variety of ways in which the manufacturer or seller can be held responsible, such as through manufacturing defects, design defects, and improper warning or lack of warning.

What Are the General Conditions for Product Liability?

The general conditions for product liability in Texas are the seller’s negligence or intentional misconduct and the manufacturer’s negligence or intentional misconduct. Most problems occur during the manufacturing phase, but some injuries are the result of a seller’s action or inaction. A knowledgeable product liability lawyer can help you determine the cause of your injury.

What Do You Have to Prove in a Product Liability Case?

While the specific parameters of proof vary from case to case, in general, you will need to show that your injuries were caused by the product or because of the product and that the product was defective in some way. It can also be helpful to show that you were using the product in the appropriate way, eradicating any space for blame or responsibility to fall on you.

How Can a Lawyer Help in a Product Liability Case?

Lawyers can take some of the legal burden off your shoulders in a product liability case in a variety of ways. Initially, they can help you determine what type of claim is appropriate for you to file. They can also help you gather evidence that proves you sustained injuries as a result of the product. Additionally, they can represent you in court and provide you with peace of mind through the legal process.

Contact Stevenson & Murray Today

Product liability cases are time-sensitive, meaning the sooner you contact a lawyer, the better. It can also take time for your attorney to gather evidence and build a strong case on your behalf. If you want to file a claim, you must do so within the time frame set forth by the statute of limitations.

Whatever the complexities of your case may be, Stevenson & Murray are ready to provide the legal support and representation you need and deserve. There are many avenues you can take when filing a product liability claim. Contact us today to learn more about how we can help you with your product liability claim.