Have you ever wondered what it takes to win a product liability claim in Texas? If a defective product has injured you, you may be entitled to compensation for your damages. But what do you have to prove to win your case? In this blog post, we’ll explore the three types of product liability claims in Texas, what you must prove to win each, and how to get the compensation you deserve.
1. DESIGN DEFECT CLAIMS
In a design defect claim, the plaintiff must prove that the product was unreasonably dangerous and that a safer design was feasible. This means that the plaintiff must show that the design was defective and that the defect caused the injury. For example, suppose a car’s gas tank is located in an unsafe location, and the car catches fire in a crash. In that case, the plaintiff may be able to show that a different, safer design would have prevented the fire.
2. MANUFACTURING DEFECT CLAIMS
In a manufacturing defect claim, the plaintiff must prove that the product was faulty because of an error in manufacturing. This means the plaintiff must show that the product was not made according to the design specifications and that the defect caused the injury. For example, if a toy is supposed to be made of non-toxic materials, but a batch of toys is mistakenly made with toxic materials, the plaintiff may be able to show that the toy was defective and caused harm to a child.
3. WARNING/LABEL DEFECT CLAIMS
In a warning/label defect claim, the plaintiff must prove that the product did not have adequate warnings or instructions and that the lack of signs or instructions caused the injury. This means that the plaintiff must show that the product was dangerous without proper warnings or instructions and that the danger was not obvious to the consumer. For example, if a medicine does not include a warning not to take it with certain other medications, and the combination causes harm, the plaintiff may be able to show that the lack of warning was a defect that caused the injury.
Missing warnings
When it comes to warning/label defect claims, it’s important to note that the warning must be adequate and visible. Suppose the warning is hidden, in small print, or otherwise not noticeable. In that case, it’s possible that a court may find the warning to be inadequate. In some cases, a plaintiff may be able to prove that a warning should have been included, even if it was not required by law.
Inadequate warnings
In addition, it’s possible for a warning to be inadequate because it does not convey the danger of the product clearly and understandably. For example, if a drug warning only says, “Do not take if you are allergic to this medication,” and does not list potential side effects or what to do if a side effect occurs, the warning may be found to be inadequate.
Product liability claims can be complex and require the services of a knowledgeable attorney. Suppose a defective product has injured you. In that case, it’s important to understand the three types of product liability claims and what you have to prove to win your case. Whether it’s a design defect, manufacturing defect, or warning/label defect, you must show that the defect caused your injury and that you suffered damages. If you believe you have a product liability claim in Texas, don’t hesitate to speak with an attorney who can help you get the compensation you deserve.
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