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Sawicki Law Firm Blog

Monday, February 27, 2017

What must you prove in a product liability lawsuit?

Defective and dangerous products often injure or even kill thousands of people each year. Many people are eligible for some sort of compensation if they are able to prove an injury could have been avoided if a manufacturer or distributor did a better job of ensuring customer safety.

What Are Defective Products?

Defective products can include toys, playground equipment, medication, and kitchen equipment. Product liability cases do not just include claims against car manufacturers or pharmaceutical companies. Texas law gives consumers the power to take legal action over a defective product and get compensation for medical bills, lost payment and general pain and suffering.

Defects can be broken down into three categories.

1. Marketing, which could include a lack of proper warning or instruction about a product.

2. Manufacturing, where something went wrong during the process when the product was made

3. Design, where the problem is with the current product versus how it was supposed to be produced

Product liability cases can be tricky and can sometimes be challenging to prove. Working with an experienced personal injury attorney is essential to ensure you are adequately represented. You may also have a case for compensation for mental anguish in addition to any sort of physical suffering you may have experienced.

What Must I Prove?

In order to win a product liability case, Texas law says a person must be able to provide evidence that:

1. A product was defectively designed as to render it dangerous

2. A safer design existed

3. The defect led to the injury, for which the plaintiff is seeking compensation

A lawyer must be able to prove that the product in question was defective. This can be difficult because some product liability cases do not always feature the physical product, and instead rely on a conceptualization of the product, or some sort of circumstantial evidence.

If you have the physical product in question, or photos of it, an experienced personal injury attorney will be able to help you build a case by using the product as an example. Try to save as much of the original defective product as you can, as you will not have a case if it has been fixed or thrown away.

In order to win a product liability lawsuit, you must be able to prove an alternative design would have been “financially and technologically reasonable for the manufacturer,” and that a different design would have still rendered the product as usable and reduce the risk of injury.

What Else Should I Know?

Generally, the statute of limitations to file a case is 15 years from the purchase date. There is also a burden to prove who is responsible in a product liability case, as many items are the end result of a long line of manufactures, wholesalers, retailers and assemblers.

Trust The Personal Injury Specialists

If you or someone you care about has been injured by a defective product, call Sawicki Law today at 888-468-8844 for a free consultation.


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