Product Liability and Defective Products
As a consumer, you have certain rights each time you buy a product. When you strap your infant into the car seat, drive a car, or take prescribed medication, you should be able to have peace of mind in knowing that the product is completely safe and that it will perform as it is supposed to. Unfortunately, this is often not the case.
Product Liability Law
Thousands of individuals throughout Texas and the United States suffer personal injury from defective or dangerous products each year, including automobiles, sporting goods, prescription drugs, toys, and much more. What many consumers do not realize is that there are both local and federal laws that protect consumers from dangerous products. These regulations and laws, generally known as product liability law, hold manufacturers accountable for any harm caused by their products.
Product liability law is a broad area of law that consists of various types of claims. These include claims involving:
- Automobiles and their parts, such as seatbelts, airbags, and tires
- Drugs and pharmaceutical products
- Children’s toys and baby furniture
- Household appliances
- Medical devices
- Hospital beds and guardrails
- Sporting goods
- Machinery and workplace equipment
- Safety equipment
- Product recalls
Product liability is deemed to be a strict liability offense. This means that if there is a defect in the product and the defect results in harm, the manufacturer is liable—whether or not they were negligent.
Generally, manufacturers defend their products by claiming that the consumer failed to follow instructions, altered the product, or used the product improperly. Strict liability refers to a consumer’s right not to be injured if the product was used according to the manufacturer’s instructions and the way it was intended to be used. In such case, you must be able to show that the product was unreasonably defective and dangerous.
Protect Your Rights
If you have sustained personal injury or lost a loved one due to wrongful death due to a poorly designed product, a manufacturing error, or a product that lacked proper instructions or warnings, then you may be entitled to receive compensation for any injuries and damages. These damages include medical bills, pain and suffering, lost wages, lost earning capacity, disfigurement, mental anguish,and physical impairment.
Negligence, strict liability, and breach of implied and express warranties can be difficult to prove in court. The burden of proof is on the injured party, which means that you must first be able to present evidence that thereis a direct link between the product defect and your sustained injuries in order to receive economic recovery. In order to do this, it would be best to seek help from a qualified attorney who has the expertise and knowledge to efficiently and effectively represent individuals injured by a defective produuct.
Rogers Law Firm is readily available to represent individuals and families who have sustained personal injury or lost a loved one due to wrongful death as a result of defective products. We can help you understand your legal rights and determine the best course of action to take. For expert legal assistance with your case, contact Corpus Christi Tx product liability lawyer Sheadyn R. Rogers today at (361) 356-6067 or fill out the law firm's online consultation request form for a free consultation concerning your case.