Thousands of people suffer personal injuries every year because of defective products. In many cases, their quality of life is drastically impacted as a result. Many people who are injured suffer tremendous pain, are left unable to work, and may feel overwhelmed by the medical bills that are now pouring in.
Under such desperate circumstances, many injured parties decide to pursue legal action. A large percentage of product liability lawsuits are initiated based on the theory of negligence, but they can also be brought under the theory of strict liability in certain situations.
How Do Strict Liability Lawsuits Work?
Negligence refers to carelessness or irresponsibility that results in injury or death. Many product liability claims are founded upon an allegation of the defendant’s negligence. For example, a product manufacturer may act negligently by failing to conduct adequate quality assurance. Strict liability, on the other hand, lawsuits do not require a showing of negligence.
To win a strict liability action, the plaintiff must only demonstrate that:
- The product was in some way unreasonably dangerous or unsafe when it was designed, manufactured, or sold.
- The seller had no intention to change the product before it reached consumers.
- The defective product injured the plaintiff.
Without strict liability as an option, many defective product lawsuits would not be possible. Plaintiffs would have the difficult task of demonstrating that negligence occurred at some specific point during the design, manufacturing, or distribution of the product.
Using Strict Liability Is Not an Automatic Win
Even though strict liability claims are easier to prove than negligence claims, they can still be successfully defended against by the parties being sued. Defendants often try to argue that the plaintiff tampered with the product or used it in a way that was not intended. Additionally, if the plaintiff continued to use the product even after learning of the defect, the defendant may limit their liability.
When we purchase a product, we expect it to work as described in a safe and effective matter. When a person is injured by a defective product, this trust is violated. Recovering compensation for serious injuries caused by a defective product is often an uphill battle. However, it is important to remember that the law is on your side. With the help of an experienced personal injury lawyer, you can file an injury claim against those responsible for your injuries.
Contact a Harris County Personal Injury Lawyer
Attorney Shane Kadlec is a Board-Certified Personal Injury Trial Attorney by the Texas Board of Legal Specialization. He and the rest of the team at the Law Office of Shane R. Kadlec have committed their careers to holding defendants accountable for their actions and securing full compensation for their clients in the process. Call (218) 585 – 1557 for a free consultation with an experienced Houston product liability attorney today.
Source:
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.82.htm
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