Holding a manufacturer legally accountable for the harm you suffered due to a dangerous or defective product is not the same as holding someone else liable for an accidental injury. While it is possible to file a product liability claim based on negligence, it is much more common to establish fault for a product defect based on “strict liability,” which requires proving a manufacturer liable for a user’s injuries, regardless of whether they acted recklessly.
Having help from a seasoned legal professional with experience winning similar cases in the past can be crucial to establishing liability in Houston defective product cases. Whether you are dealing with minor injuries that will heal quickly or catastrophic harm that will alter your life permanently, a tenacious faulty products lawyer at Roberts Markland LLP can provide the assistance you need to pursue the payments you deserve.
Defective product claims based on the strict liability theory are pursued against the company that manufactured the faulty product rather than the company or individual who sold the product to the injured consumer. However, it is also possible to sue a third-party supplier or seller for a negligent act that caused a product to become unsafe, but they cannot be held strictly liable for an inherent problem with the product.
To establish strict liability by a manufacturer in a Houston defective product case, a plaintiff must prove the following:
A skilled product liability attorney can explain these elements of strict liability in greater detail during a confidential consultation.
There are three primary “defects” that, if present when a product leaves a manufacturer, can serve as the basis for a strict liability claim. First, a product must be flawed in such a way that every product made at the same time is also defective. To successfully file a flawed product claim, a plaintiff must prove that the defect existed and that a safer design was economically attainable.
Second, a product may have been manufactured or assembled incorrectly, such that an otherwise safe design became unsafe due to deviation from the original plan. Finally, a manufacturer may be strictly liable for failing to warn a consumer about known hazards associated with their product, which generally means the manufacturer did not include sufficient instructions for safe use or clear warnings about those hazards. With the help of a hardworking attorney, plaintiffs can hold product manufacturers accountable for defective items through strict liability.
Proving a product manufacturer is legally responsible for your injuries can be complicated. Companies use numerous loopholes in state and federal law to avoid civil liability suits. Often, filing a claim without a knowledgeable legal representative by your side could prevent you from getting the justice you deserve.
Fortunately, establishing liability in Houston defective product cases will be much easier with a dedicated product liability lawyer helping you. Learn more by calling today.