Product
liability law involves a determination of who was at fault for
injuries or deaths that occur as a result of the use
of dangerously
defective products.
Any entity in the stream of commerce like the manufacturer,
distributor, wholesaler or retailer
can be held liable for injuries or deaths suffered by a dangerously
defective product. Even manufacturers of component parts and
assemblers can be held liable.
Strict
Liability
Although
products are shipped across the country for sale at retail locations,
there is no federal product liability law. Each state has its own
rules. As per our defective
products attorney in San Antonio, in Texas
most product liability lawsuits are filed under the law of strict
liability. There are three types of defects that might raise strict
liability. Those follow:
- Design defects from technical plans when all of the products in a line are dangerously defective.
- Manufacturing defects that occur during the manufacturing or assembly process. Only a few of the products might be dangerously defective.
- Marketing defects when like improper labeling, instructions that aren’t clear or sufficient or inadequate safety warnings.
Defenses
to Strict Liability
There
are defenses to strict product liability. A defense might be raised
if a consumer modified a product, like taking a safety guard off of a
power saw. Misuse of a product is also a defense. That would be
something as simple as using a pair of pliers to pound a nail, and
the pliers explode and injure the user.
Nearly all product
liability claims involve complex engineering and legal issues that
are ordinarily out of a consumer’s grasp. These types of cases are
vigorously defended by insurance companies and their defense
attorneys. If you were injured by a dangerously defective product, or
if you lost a family member who was using one, contact our defective
products attorney in San Antonio at the Law
Office of Jesse Hernandez
at your earliest convenience. Arrange for a free consultation and
case review with him by calling 210-807-8656, or use his easy contact
form.
