Establishing liability in Katy product liability cases involves demonstrating that the item the consumer purchased was defective, making it hazardous, and causing their injuries. Texas civil laws typically follow a strict liability method for cases that fall under personal injury, meaning you can hold the at-fault party responsible without proving negligence.

Call a proficient and experienced defective products attorney at KGS Law Group today to schedule a consultation and discuss your claim.

What Is Strict Product Liability?

Strict product liability does not require proving that the manufacturer or retailer selling the product was negligent. Instead, you must demonstrate that the product was defective and falls within one of the three categories: defective manufacturing, design defects, and marketing defects (failure to warn).

Defective Manufacturing

Defective manufacturing happens when an error causes the product to deviate from its intended design. The design of the product was not a hazard; however, an issue arose during production, such as contamination or a factory defect, leading to flaws in the products. Proving the case to win damages requires showing that the product the individual purchases is different from others in the same line.

Design Defects

Design defects can render the entire product line unreasonably dangerous, even if the manufacturer has taken all necessary precautions. The entire line is defective, and the case must demonstrate that a safer alternative design was available that was both economically and technologically feasible at the time the creator designed the product.

According to Texas Civil Practice and Remedies Code § 82.004, proving fault requires showing that the product in question was inherently unsafe due to the nature of the item’s intended use and that the plaintiff used the product appropriately.

Marketing Defects (Failure to Warn)

Marketing defects or failure to warn cases arise when the producer or seller fails to provide adequate warnings about potential risks or instructions on how to use the product correctly. That includes neglecting to warn about a non-apparent risk, inadequate instructions for safe use, or misleading advertising about the capabilities or safety.

A knowledgeable attorney could go through each type and answer any questions about proving fault in Katy product liability cases.

Cases Involving Negligence

Strict liability is the most typical type of product liability. However, some cases involve demonstrating to the court that the injuries resulted from negligence. That requires building a case showing the following:

  • The manufacturer, distributor, or retailer owed a duty or legal obligation to practice reasonable care to ensure the product in question was safe for consumer use
  • They breached their duty by failing to act responsibly and with reasonable prudence as another party would in a similar situation.
  • The defendant’s breach directly led to the plaintiff’s injuries
  • There is evidence of verifiable damages, such as physical injuries, hospital bills, ongoing medical care, lost wages, and pain and suffering resulting from the defendant’s negligence.

Breach of Warranty

The other option for filing a claim is breach of warranty. Breach of warranty cases result from failing to uphold the agreement of an express or implied warranty. This means the producer, distributor, or seller made a specific promise or fact made by the manufacturer or seller about the product’s quality, characteristics, or safety.

Lawsuits may result from the product failing to live up to its guarantee and causing injuries. The process and requirements of proving liability in product liability cases in Katy can differ depending on which type of claim the plaintiff files.

Speak to a Katy Attorney about Proving Liability in Product Liability Cases

You may be eligible for compensation if you suffered harm because of a flawed product. Understanding the process, different types of cases, and requirements of proving fault is essential for winning damages to cover your injuries and losses.

Each case requires an extensive investigation and analysis to determine the proper procedure for obtaining a settlement. Call a seasoned lawyer to learn more about establishing liability in Katy product liability cases.