The product’s liability laws in the state of Texas are relatively straightforward. It doesn’t matter if negligence is or isn’t present in the case. At any time that a product defect is identified following an injury, the manufacturer is liable. Texas utilizes a strict liability to protect consumers from product-related injuries.
Identifying a Product Defect
The product is examined to determine if there is a defect. It is compared to identical products released by the same manufacturer. The comparison determines if the defect is present in the product used by the plaintiff only. If at any time that the same defect is found in both products, the Consumer Rights Protection Agency is contacted.
The Product Liability Attorney in Palestine TX representing the victim files a report with the Consumer Rights Protection Agency on their behalf. After the Consumer Rights Protection Agency becomes involved, they may issue a recall of the product. The recall entitles all consumers who purchased the product to a refund or replacement.
How Do These Cases Proceed?
Testing of the product is conducted. These tests determine if using the product could produce the injuries sustained by the plaintiff. Evidence that proves that these injuries are conclusive with product use must be presented. However, the actions taken by the consumer cannot reflect those included in any warning labels on the product.
An Examination of the Design
This examination of the design determines if the manufacturer was aware of the defect or risk. Knowledge of any risk in the design makes the manufacturer liable. However, if it is determined that the assembly of the product created the flaw, the inspection process is assessed. The chain of possession for the specific product is also investigated. While this examination won’t reduce the liability, it helps to determine how the defect was produced.
Consumers have the legal right to purchase safe and reliable products. This encompasses all products released to the public. At any time that an injury occurs, the consumer has the right to compensation. Their first step is to hire a Product Liability Attorney in Palestine TX to protect their consumer rights. To learn more about product’s liabilities and damages, contact Martin Walker now.
