Products Liability: A Look at Cases Based on Negligence
While products liability claims still fall under the umbrella of personal injury law, it is a different kind of case to approach. Understanding the specific type of negligence that occurred, impacts how the case is put together. Not only that, the help of an attorney with experience litigating products liability cases is crucial. We'll look at each kind of negligence claim with more detail in subsequent articles.
In this article, we'll look at the elements of a products liability negligence claim, the types of products liability negligence, as well as explaining why you should consider reaching out to an experienced attorney.
Questions Answered on This Page:
- How does a product defect impact a negligence case in Texas?
- What duty does the manufacturer owe to the consumer concerning product defects?
- What types of products liability negligence are there in Texas?
Elements of a Products Liability Negligence Claim
In order to win any claim, you must prove the elements of the case. If all of the elements are not present or are not successful proven, there is no case. That means the stakes are high, and your claim needs to be handled well. In a products liability case, the elements are as follows:
- The manufacturer of the product owes a duty of reasonable care to consumers.
- The plaintiff must prove that the manufacturer breached this duty of reasonable care. I.E. that the product in questions did not conform to the design specifications that the manufacturer used at the time
- It is necessary to establish that the defect proximately caused the injuries of the plaintiff.
- Lastly, you must prove that you indeed suffered losses.
If the plaintiff can prove each of these elements, then they will win their products liability case. But if they are unable to do so, then they lose. It's important to have an experienced attorney on your side that knows this area of the law well.
Types of Products Liability Negligence
In order to establish a products liability claim, you must prove that one of three types of negligence occurred. In regards to products liability, the types of negligence include:
- Negligent design - When the design of a product is flawed and could potentially result in injury.
- Negligent manufacturing - When a mistake in the manufacturing process results in a dangerous product.
- Negligent marketing - When the marketing strategy for a product fails to adequately convey the potentially dangerous aspects of a product.
Products liability cases can be complex, but we can make is simple for you. If you believe that you or someone you know has been hurt as a result of negligent design, negligent manufacturing, or negligent marketing, you should consider calling an experienced attorney to discuss your options.
Why You Should Call the Experienced Attorneys at Grossman Law Offices
Grossman Law Offices has over 25 years of experience handling legal claims in the state of Texas. We understand products liability, and we'd like to help. If you have any questions regarding your claim, how the process works, what damages are available to you, etc., we'd like to make ourselves available to you.
We have experienced attorneys ready to speak with you 24/7. You owe us nothing unless we with your case for you, so give us a call and let us clear up any questions or confusion you might have. We understand that products liability claims can be complex, we've won thousands of personal injury claims, and we're confident we can help you too. Call us today at (855) 326-0000.
Other article about third-party cases that may be helpful:
- How Do Negligent Design Cases Work?
- What Is Negligent Manufacturing?
- How a Negligent Marketing Case Works