If you have been injured because of a defective product, Texas law allows you to file a product liability lawsuit to recover compensation for your injuries. However, to successfully prove defective product liability, you must demonstrate that the product was defective and that the defect caused your injuries. Here is a guide on how to prove defective product liability in a Texas personal injury case.
Table of Contents
What is Product Liability?
Product liability is a legal term used to hold manufacturers, distributors, and sellers responsible for injuries caused by their defective products. Under Texas law, a person who is injured by a defective product can file a product liability lawsuit against the responsible parties.
Types of Defective Products
There are three types of defects that a product liability lawsuit can be based upon. They include:
Manufacturing Defects
A manufacturing defect occurs when a product is made incorrectly, resulting in a defect that makes the product unsafe for its intended use.
Design Defects
A design defect occurs when a product is designed in a way that makes it unsafe for its intended use.
Marketing Defects
A marketing defect occurs when a product is marketed in a way that misrepresents the product’s safety, risks, or intended use.
Proving Product Defects
To prove that a product is defective, you must demonstrate one of the three types of defects mentioned above. This can be done through:
Expert Testimony
Expert testimony can be used to show that a product was defectively designed, manufactured, or marketed. Experts can include engineers, designers, and other professionals who can explain how the defect occurred and why it is dangerous.
Product Testing
Product testing can be used to demonstrate whether a product is safe for its intended use. This can involve testing the product to determine its strength, durability, and any potential hazards.
Product Inspection
Product inspection can be used to determine whether a product was made correctly and in accordance with its design specifications. Inspectors can examine the product for defects, errors, or other issues that may affect its safety.
Establishing Causation
Proving that a product was defective is not enough to establish liability. You must also prove that the defect caused your injuries. This can be done through:
Medical Records
Your medical records can be used to establish the extent and severity of your injuries. They can also be used to show that your injuries were caused by the defective product.
Accident Reconstruction
If your injuries were caused by a car accident, for example, accident reconstruction experts can be used to show how the defect contributed to the accident and your injuries.
Eyewitness Testimony
Eyewitnesses can be used to testify as to how the accident occurred and how the defect contributed to your injuries.
Determining Damages
Once you have established the product defect and causation, you must determine the damages you suffered as a result of the defective product. Damages can include:
Medical Expenses
This can include the cost of medical treatment, medication, rehabilitation, and any other related expenses.
Lost Wages
If you are unable to work because of your injuries, you can recover lost wages.
Pain and Suffering
You can recover compensation for the physical pain and emotional trauma caused by the injury.
Punitive Damages
Punitive damages may be awarded in cases where the defendant’s conduct was particularly egregious or reckless.
Conclusion
If you have been injured by a defective product, you may be entitled to compensation. However, proving defective product liability requires establishing the product defect, causation, and damages. This requires expert testimony, product testing, and eyewitness testimony, among other evidence. An experienced personal injury attorney can help you navigate the legal process and build a strong case.