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Product Liability

Defective Products

Every year, defective or hazardous products are the cause of thousands of injuries and product liability claims.  Injuries are not only painful and inconvenient, but they can end up costing you money. Odessa Law Practice can help you if a company produces a faulty or dangerous product and it causes you to become injured.  You should be able to have your losses recovered. The company or supplier must be held responsible for the injury that they caused you. This is where product liability claims come in.  There are different versions of product liability claims and you must fall under one in order to be compensated.

 

Product Liability Law

The product liability law is understood very well. It is relatively new to the law world, but was quickly developed due to its frequent use. The law varies from state to state, but it is generally the same. That being said, it is important to understand these differences. Talk with your lawyer and ensure that you are aware of these changes.

 

Typically, there are three things that you may have to prove. One of these things is a defect. You must be able to prove that the product that injured you is defective. You must then prove causation. This means that you need to show them that the injury you sustained was caused by the defective product and because of the defective product. It can also be necessary to prove that injury you received is an actual injury that was definitely caused by the defect in the product. Another thing you may have to prove is duty. While in most cases duty is assumed, Odessa Law Practice can help you prove this.  Duty is states that the company owed you a safe product. Knowing these details is very important to any product liability case.

 

There are three common types of product liability cases: Negligence, Strict Product Liability, and Breach of Warranty. You must know which of these you fall under.

 

Negligence Cases: In this type of case, you will not only have to prove the usual four elements (injury, causation, defect, duty), but you must be able to prove that the company either knew about the defect or should have known about the defect. It is the job of the seller to provide you with a safe product and when they do not, that is a breach in their duty.

 

Strict Product Liability: This type of liability shows that the maker sold a product that was extremely dangerous. You will not be required to prove a design defect, a manufacturing defect, or negligence.

 

Breach of Warranty: This is when the manufacturer warrants that its products possesses certain characteristics and is able to perform certain actions. If you sustain an injury because the product failed to perform one of these actions or did not meet one of its characteristics, you have a lawsuit.

 

Now that we know the common product liability cases, we must be familiar with what defines a defect in court. A defect is a specific flaw that is usually contained in one particular item. Certain products that are in perfect condition may break while you are using them and it may injure you. If there is no flaw within the item, then you cannot recover any losses. If, however, it turns out that a flaw caused your injury, then you have a chance to be compensated for our losses. There are three different types of defects.

 

Failure to Warn: The maker must provide a warning on how to safely use their product. The seller is required to provide a warning label that describes how to safely se the item and what it is intended for. If the product does not have this and you are injured, you may be able to file.

 

Design Defect: This is when the maker designs a new style of product that utilizes a different design and this particular new design causes you an injury.

 

Manufacturing Defect: This type of defect is when the manufacturer does not have a process for inspecting a certain part of the item and because they do not inspect this section of the item, it leads to an injury. For example, if a company that produces hand saws does not check that their handles are firmly in place and while you are using the saw the handle breaks apart causing you to harm yourself, this is a manufacturer defect.

 

Product Liability

If you, or a family member, have been injured by a product liability, then you are able to file. You must file within two years of the actual injury. It is very important to file because the company that caused your injury should be held responsible for the damage they have caused you. By filing, you may also be saving someone else from suffering the same injury you have. Big companies will never change their procedures or policies unless an actual law suit is brought forth requiring them to do so. The only way to get them to change their policies for the better and to be compensated for your losses is to file a lawsuit against them. Do not be intimidated by big name companies. It is their job to provide you with and make safe products. If they fail to do so, they should be held responsible for their actions.

Please call Gerald K. Fugit at: 432-301-9252 if you have any questions.

 

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