FAQs: Products Liability Lawyer in Texas

Q: What should someone who has been injured by a defective product do?

A: A person injured by a defective or dangerous product should contact an attorney to asses a potential case. They may have a case for product liability and be able to recover damages due to one of the following reasons: 1) strict product liability; 2) negligence; or, 3) breach of warranty.

Q: What is strict product liability?

A: If a product has strict liability, then the injured person does not have to show the manufacturer or seller of the product was negligent in order to recover damages. This is only one of the reasons under which a plaintiff can proceed in bringing an action when that person had an injury caused by a product.

Q: What does it mean if a product supplier had a breach of warranty?

A: There are two types of product warranties, express warranties and implied warranties. The express warranty allows you to recover damages when the seller or manufacturer specifically extended a warranty to the consumer either verbally, or in writing. An implied warranty can vary depending on the state you are in and the statutes that govern the state’s commercial code. These are not specific to a particular type of product, but may cover a category of products.

Q: What does "product liability" mean?

A: If a defective product reaches the hands of a consumer and then causes an injury to that consumer, all the sellers of the product can be held liable if they were negligent at some point in the product’s manufacturing life cycle. The designer, engineer, manufacturer, component part manufacturer, wholesaler, and retailer are all potential parties that may be held liable for any injuries the product caused the consumer. There are several points in the products lifecycle in which a defect should be caught, so the responsibility may be distributed among the different parties or may be solely held by one party.

Q: What are implied warranties?

A: These warranties are governed by state law according to a product category, and apply to most products sold within the state. Some examples of implied warranties include the "warranty of merchantability," and the "warranty of fitness for a particular purpose." In other words, these warranties enforce that a product will be fit and safe for its intended purpose and consumer use.

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