Product Injury Lawyers in Dallas
Defining the Law
Under stipulation of the law, manufacturers are held responsible for the products they produce, especially when the product results in injury or death to another user. This type of legality is known as product liability and it can be applied to the suppliers, distributors, retailers and manufacturers of marketable products that are made available to the public. If a consumer is injured or otherwise personally harmed through the use of a public product, he / she can rightfully make a product liability claim in attemps to receive recognition and compensation for any harm that was suffered as a result.
Primarily, cases of product liability, as they relate to defective products, are determined at the state level. Although these determinations vary from state to state, and sometimes from court to court, claims of this nature generally adhere to the same core tenets. Specifically, every product liability claim that is made will only be done so successfully if it meets the fundamental elements required for approval. If you and the attorney representing your case are unable to effectively demonstrate certain elemental factors of the claim it will be increasingly more difficult to prove the product defect and injury from which you are suffering.
What type of liability relates to your issue?
In the United States, there are three primary types of product liability claims:
Manufacturing defects: Manufacturing defects occur at the initial states of a product's creation. If, during the manufacturing process, poor workmanship is performed or insufficient materials are used, the product can be made defectively.
Design defects: Design defects imply that the natural design of a product is inherently dangerous or defective in some way. The product can be manufactured perfectly and marketed accordingly, but if it's design is defective, the product will not be safe for consumer use.
Marketing defects: Marketing defects are most commonly referred to as a "failure to warn," because they exhibit exactly that: a defect that arose from the product's failure to properly warn users / consumers of its dangers.
As you consider filing a product liability claim, keep in mind that the above mentioned defects are the claims themselves. Rather, these are theories on which your actual claim will be made.
ESTABLISHING GROUNDS FOR LIABILITY
Claims of product liability are generally made under one of three assumptions. Victims can either site negligence as the source of their defective product accident and injury, breach of warranty or strict liability.
In order to successfully prove that negligence is to blame for the defective product that left you injured, you must be able to show that a breach of the duty owed to you ultimately resulted in injury. As the victim, you must be able to prove that quantifiable injury was suffered, and that your injury was proximately caused by the breach of duty that occurred.
Breach of Warranty
Before a product can be safely sold to the public, it must be issued a statement of warrant which officially declare statements that the manufacturer or seller wishes to be known to the consumer. A breach of warranty implies either that the claims made were false (express warranty claims), or the implied warranty was insufficient or inapplicably fit for a particular product.
Making a claim that focuses specifically on the product itself will defer you to a strict liability claim. Under the conditions of this type of claim, the manufacturer can be held liable if it can be proven that their product is defective, regardless of whether or not the manufacturer acted negligently when making the product.
Helping You Make a Product Liability Claim
There are many legalities involved with making a product liability claim in the state of Texas. Therefore, victims of defective products who are looking to file a claim and receive compensation for the injuries that were sustained should only do so under the representation of a personal injury lawyer. At Zinda Law Group we can put our experience to work for you, helping you make a product liability claim that is most likely to be accepted. As the victim of an injury that was caused by a defective product, you should not have to suffer through expensive medical bills and recovery costs. Instead, consider making a product liability claim with the help of a Personal Injury lawyer at our office. Together, we will find a resolution that works best for the situation in which you have found yourself.