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Product Liability

  1. What is “product liability?”
  2. Who can be held liable for injury or death caused by a defective product?
  3. What will I have to prove in order to win my product liability case?
  4. What damages can I recover in a product liability case?

1. What is “product liability?”
A product liability case is one in which the injuries were caused by an unreasonably dangerous or defective product of any kind. Under Texas law, a product can be unreasonably dangerous based on its design or the way in which it was manufactured, as well as due to the lack of adequate warnings and the warranty about its use.
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2. Who can be held liable for injury or death caused by a defective product?
Depending on the circumstances of the particular case, a claim may potentially be brought against the manufacturer of the product, the distributor, and seller of the product. Or if the product underwent changes that caused the injury, the repairman or company that made the changes may also be liable.
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3. What will I have to prove in order to win my product liability case?
To recover damages for product liability claims, your attorney will have to prove that the product was defective or unreasonably dangerous for its intended use; that the defect existed or dangerous condition when the product left the manufacturer’s or seller’s control; and that the injury was caused by that defect or dangerous condition.
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4. What damages can I recover in a product liability case?
It depends on the facts of the case, but typically, if you prove that the defendant is at fault, you may be compensated for past and future medical bills, past and future lost income, pain and suffering. If you prove that your loved one died as a result of the use of a defective product, you may be entitled to recover funeral expenses and loss of services and companionship.
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