Product Liability Lawyer in Houston, Texas
It is reasonable to assume that the products you use every day are generally safe. However, this is not always the case. Errors can be made in the design, production, and marketing of consumer products. Occasionally, these errors are not discovered until after they cause devastating personal injury or even death. If you are injured by a defective product in Texas, contact an experienced attorney right away. Here is what you should know.
Although Texas uses comparative negligence for many types of personal injury, it does not apply to product liability. Regardless of whether you were negligent in using the product, if you can prove that it was defective, and the defect caused harm, you can recover damages.
Types of Product Defects
Under Texas law, product defects are divided into three basic types. You must prove that the product had one of these defects and that the defect led to your injuries, in order to win your case.
- Design Defects: A design defect makes the product unsafe even if it is flawlessly manufactured. Note that a product that is clearly dangerous, such as an axe or a firearm, is not the same as a product with a design defect. Injuring yourself with an item that is clearly dangerous is not grounds for a lawsuit. However, a product that is clearly dangerous could also have a design defect, such as a gun that fires when the safety is on.
- To prove a design defect claim, you must show not only that the design is unsafe, but also that an alternative, less dangerous design was an option. That alternative design must have kept the majority of the item’s utility while lessening the risk of injury, and have been reasonable both technologically and financially. You must also prove that your injuries were a direct result of the design defect.