Product Liability & Defective Products
If you have been injured because of a defective product, you need to contact The Law Offices of CALEHR & ASSOCIATES to ensure that you recover fair compensation for your injuries from the products manufacturer.
Even though products liability cases are extremely complex, expensive to prosecute and vigorously defended by manufacturers, our qualified attorneys have consistently recovered substantial damages for our clients injured by defective products.
Product liability claims are based on three (3) theories of law:
A negligence theory requires the plaintiff to prove four (4) elements:
• It must be shown that the defendant owed a duty to the consumer. Manufacturers, in fact, owe a duty to the users of its products and bystanders likely to be injured.
• The manufacturer also has a duty in making its products, to guard against injuries likely to result from reasonable, foreseeable misuse of the product.
• The plaintiff must also show that the manufacturer breached its duty.
• The plaintiff must prove that they were injured and that the manufacturer’s breach caused the injury.
2. Strict Liability
Strict liability holds that the manufacturer of a product is responsible to anyone injured by the use of an unreasonable and dangerous product. Texas law requires that to prove strict liability, a person must show that:
• The product was defective and unreasonably dangerous;
• The product was defective when it left the manufacturer;
• The defect caused the injury to the person bringing the claim.
“Strict Liability” does not mean “absolute liability.” An injured person cannot simply assert strict liability and automatically recover monetary damages for their injury. Instead, the injured consumer in asserting strict liability must still prove their right to compensation.
3. Breach of Warranty
Every product comes with an implied warranty that is safe for its intended user. A defective product, which causes injury, is not safe for its intended user and thus constitutes a breach of warranty. Also, a seller or manufacturer cannot simply disclaim such a warranty and will be held responsible if its product is deemed defective.
Typical examples of product liability cases include:
• poorly designed automobiles, trucks, motorcycles, and recreational vehicles;
• unsafe power tools and appliances;
• hazardous children’s toys, clothing or other accessories such as car seats and cribs;
• pharmaceuticals or other health care products that cause dangerous side effects.
Not only is the manufacturer liable for design defects which cause injury, the merchant or distributor who sold the defective product can also be held liable in certain cases for product liability law violations.
The Law Offices of CALEHR & ASSOCIATES and its affiliate law firms have the extensive experience and knowledge to successfully and independently investigate the cause of any accident caused by any defective product.
Our offices take advantage of the best experts in the industry, as well as utilizing the best lawyers in this specialized area. We are extremely aggressive and we will leave no stone unturned. Whether by trial or settlement on defective products cases, our affiliate law firms have obtained outstanding results in many different cases, including all types of autos, sports utility vehicles, trucks, etc.
If you have any questions or require any assistance with a defective product, please immediately contact us for a free; no strings attached evaluation of your potential claim. In addition to dealing with many such product claims, we can be an invaluable resource to help you.