If you have sustained injuries from a defective product, please read on, then contact an experienced Tyler, TX personal injury attorney to learn what you should know about defective product injuries in Texas.
How do you know if you have a defective product injuries claim in Texas?
Product liability in Texas is a strict liability offense. This means that negligence does not matter. If a defect in the product exists and the product led to harm, the defendant is liable. The manufacturer is most likely to be found liable for defective products. However, if the plaintiff proves certain conditions, then the seller can be found liable, too.
How do you prove your defective product injuries claim in Texas?
You must provide evidence of injury, death or property loss to demonstrate the existence of the defect, such as medical records, police reports and eye witness testimonies. When determining whether a product’s condition was defective, a jury will have to consider the following:
- The product was defective
- The product’s defect was dangerous
- The defect caused the injury
- The product was not changed after leaving the manufacturer
Under Texas law, the seller of a product is not automatically responsible if they did not take part in manufacturing it. You will need to prove that the seller did the following:
- Partook in the design of the product
- Modified or changed the product, and this alteration was the direct cause of the claimant’s injury
- Installed the item on a different product, and the claimant’s harm was caused by this installation onto an assembled product
- Exercised substantial control over the content of a warning or instruction that accompanied the product
- Misrepresented an aspect of the product, which was relied upon by the claimant
- Had knowledge of the product’s defect at the time of sale to the claimant
How can a Tyler, TX lawyer help you?
A skilled legal professional will help collect and present the evidence needed to prove your case in court. He or she will also give you an honest assessment of your case as well as provide guidance throughout the process. A qualified legal representative will fight for you and your rights so that you can focus on your recovery.
Contact our experienced Smith County, Texas firm
There are few things more jarring and disturbing than being wrongly injured in an accident. Our firm understands how difficult it can be to recuperate after a serious accident, which is why we are here to help you through the legal process, every step of the way. If you or a loved one were injured in an accident due to another party’s negligence, you need a skilled attorney on your side. Contact J. Chad Parker, PLLC today for an attorney who is ready to fight for the compensation you deserve.