Product liability is defined under Chapter 82 of the Civil Practice and Remedies Code. According to Texas law, a person may bring an action against a manufacturer or seller if a defective product caused property damage, personal injury, or death. There are several theories in which a person can pursue a claim for recovery under product liability, including:
- Strict tort liability
- Strict products liability
- Negligence
- Misrepresentation
- Breach of express or implied warranty
If you are injured because of a defective product, you deserve compensation. At the Karam Law Office, we hold sellers and manufacturers accountable for their dangerous products. You should never have to pay for someone else’s negligence or wrongdoing. Contact the Karam Law Office today for a free consultation.
DETERMINING LIABILITY IN A DANGEROUS OR DEFECTIVE PRODUCT CASE
Someone must be held accountable when you are injured because of a dangerous or defective product, but determining who is liable can be complicated. You need a skilled litigator to conduct a thorough investigation into the parties that manufactured and sold the product. In some cases, both the seller and the manufacturer may be held liable.
Generally, however, a manufacturer has a duty to “indemnify and hold harmless” a seller unless the injury or harm was caused by the seller’s:
- Negligence
- Intentional misconduct
- Other act or omission for which the seller is independently liable
Under Section 82.003 of the Texas Civil Practice and Remedies Code, a nonmanufacturing seller has limited liability for harm caused by a defective product. There are exceptions to this liability, making it imperative to discuss your case with an experienced Sugar Land Product Liability Attorney. Never accept a settlement before consulting an attorney. In many cases, sellers may try to seek indemnity when they still have liability under Texas law.
BRINGING A CLAIM FOR DESIGN DEFECT
In addition to bringing a claim based on a defective or dangerous product, a person may also argue that a design defect caused the harm. In order to prove that there was a design defect a person must show by a preponderance of the evidence that “(1) there was a safer alternative design; and (2) the defect was a producing cause of the personal injury, property damage, or death for which the claimant seeks recovery.”
GET THE HELP YOU NEED TODAY
As Americans, we believe that the products on our shelves are safe for consumers. We do not expect to be injured or harmed because of a dangerous or defective product. To protect other consumers, negligent sellers and manufacturers must be held accountable.
Contact the Karam Law Office today for a free consultation. Your case will receive the dedicated attention it deserves. We are a local, family-owned law firm that is committed to putting our clients first. Do not settle for less than your case is worth. Call today to discuss your case and get started on the road to recovery.
