Every company that makes and sells consumer products in the Lone Star State has a legal obligation to make sure everything they produce is reasonably safe to use for its intended purpose. While this does not make manufacturers liable for every injury that occurs while someone is using one of their products, it does make them liable for injuries caused by a product defect they should have addressed before that product went to market.
If you were hurt recently because of a fundamental flaw in a product you purchased, consider speaking with a personal injury attorney about the possibility of civil litigation. Help from a seasoned McAllen defective products lawyer could make a huge difference in how your case turns out. Reach out now to demand fair compensation from the manufacturer responsible for your injuries.
What Makes a Manufacturer Liable for a Defective Product?
Manufacturers in Texas are “strictly liable” for injuries that consumers suffer due to certain types of defects in a manufacturer’s product. This means that the injured person does not need to prove that the manufacturer was specifically reckless or careless in a way that directly led to their injury. Instead, the prospective plaintiff just needs to establish three simple facts:
- A particular type of defect existed in a product when it left its manufacturer’s control
- The consumer was injured directly and primarily because of this defect
- The consumer was using the product in a reasonable way when they got hurt
There are three types of defects that can serve as grounds for a product liability claim built around this type of strict liability. First, a product can have a defective design, meaning that some part of the way the product was originally conceptualized makes every unit of the product ever produced dangerous in roughly the same way.
Second, a product can suffer a manufacturing defect, meaning an otherwise reasonably designed product has become dangerous due to a mistake made during its assembly or production.
Finally, a product can have defective “marketing” or a “failure to warn,” meaning the manufacturer did not give consumers sufficient instructions and warnings about how to safely use an otherwise well-designed and properly manufactured product. A McAllen defective products attorney could potentially build a claim around any of these defects.
Recovering Fairly for Short-Term and Long-Term Losses
Any manufacturer found strictly liable for a defective product would, in turn, be liable to pay for every past and future form of harm an injured person will find themselves dealing with, including:
- Lost enjoyment of life
- Physical pain and discomfort
- Lost working ability and/or income
- Psychological and emotional trauma
- Emergency medical expenses and expected costs of future care
- Physical property damage, including costs of replacing the defective product
If multiple consumers around the country have been injured by the same defective product in roughly the same way, a qualified product defect attorney in McAllen could help them understand their options for mass tort litigation, which may collectively give them a better chance of getting fair compensation.
Get in Touch with a McAllen Defective Products Attorney Today
Manufacturers who produce unreasonably defective goods deserve to be held accountable for any harm their dangerous products cause. Unfortunately, compelling a large company to pay you what you deserve for your injuries is easier said than done—especially without experienced legal counsel on your side.
Partnering with a knowledgeable McAllen defective products lawyer could tip the odds of a favorable case result in your favor. Call today to learn more.