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Is Proving Negligence Necessary in Cases of Product Liability?

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Product liability is an area of personal injury law in which corporations are held liable for creating and distributing items that are defective or dangerous. In these cases, the people who have been harmed by a defective product can receive compensation for the damages resulting from their injuries, which may include medical bills, lost wages, and non-economic damages such as pain and suffering.

Proving negligence is an essential component of most personal injury cases. Following a car accident, an injury victim must demonstrate that another driver’s carelessness caused the collision. In cases of premises liability, a plaintiff must show that a property owner failed to create a safe environment for people who visit their home or business.

Product liability cases are different. Proving the negligence of a product manufacturer or retailer is not always needed in order for an injury victim to recover compensation. Plaintiffs in these cases often can receive coverage of their damages just by showing that a product was defective.

What is a Product Defect?

A defect is any flaw in the design, manufacturing, marketing, or sale of a product. At best, defects cause an item not to work properly. At worst, defects cause severe and even life-threatening injuries to users.

Injuries caused by using a product may not necessarily be the result of a defect. Generally, a product is only considered defective if it causes harm or difficulties when it is being used as directed. Injuries that occur when an item is not being used as directed may not be the result of a defect, and may not be compensable under product liability laws.

Strict Liability in Texas

Every state considers product liability differently. Some states require the proof of a product manufacturer’s negligence in order to hold them accountable for a customer’s injuries. Other states, including Texas, are strict liability states. In strict liability states, proving that a company was negligent in the design or manufacture of a product is not necessary. An injury victim must simply show that the product was defective and caused their injuries in order to hold the manufacturer liable and recover compensation for their damages.

Contact Daspit Law Firm for assistance with your product liability case. We will fight to recover the compensation you deserve.

If you are interested in speaking with our legal team, send us a message or call (888) 273-1045 to schedule a free consultation with our attorneys.

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At The Daspit Law Firm, Our Team of Attorneys Handles the Full Range of Personal Injury Cases, Including Car and Truck Accidents, Industrial Accidents, Construction Accidents, Maritime & Offshore Accidents, and Much More.


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