Product Liability in Abilene, TX
Safety is a top priority in today’s consumer market, but sometimes, products with defects are put on the market, leading to potential harm. If you are injured due to a defective or unsafe product, manufacturers, distributors, and retailers may be responsible for the damages you suffered. When a duty of care is breached, consumers have legal rights to pursue compensation for medical expenses, lost wages, and other losses.
Product liability can arise from design defects, manufacturing errors, or failure to adequately warn or provide instructions. An experienced Abilene product liability lawyer at the Law Firm of Chaile Allen will help you pinpoint negligence and fight for the justice you deserve. Confronting large corporations and their legal teams can be intimidating on your own, but it is essential to protect future consumers, prompting improvements in product design, manufacturing processes, and safety instructions. Our Abilene personal injury attorneys are dedicated to advocating for your rights and guiding you through the legal intricacies to ensure your case receives the attention and resolution it deserves.
Overview of Product Liability Claims in Abilene
In Texas, product liability is governed by strict liability rules as per the Texas Civil Practice and Remedies Code Chapter 82. This means that for a product liability claim, proving negligence is not required. If a product is defective or faulty and causes injuries, the manufacturer or seller can be held liable regardless of their intent or negligence.
Texas law recognizes three main types of product defects:
Design Defects
These occur when a product’s design inherently poses a danger, even if manufactured correctly. To establish a design defect, it must be shown that a safer design was feasible, both technologically and financially, and that this alternative design would have preserved the product’s utility while minimizing the risk of injury. The plaintiff must also prove that any injuries were directly caused by the design flaw. Examples could include toys easily swallowed by children, cars with unintended acceleration, or firearms discharged despite safety features.
Failure to Warn
Under Texas law, a product is also considered defective if there is a failure to provide adequate warnings or instructions. This applies to products with hidden dangers or those requiring specific methods of use to avoid injury. The absence of proper warnings or instructions can lead to product liability claims. Examples include children’s furniture requiring specific installation to avoid collapse or machinery with specific operational hazards.
Manufacturing Defects
These defects arise from errors in the manufacturing process and are not characteristic of every product of the same model. They often result from quality control or production failures. Proving a manufacturing defect requires clear evidence of the flaw, which can be challenging if the product is damaged or destroyed due to the defect itself. Common instances include tire tread separation, malfunctioning safety locks in cars, or defective car seat handles.
