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Tate Law Offices PC is an experienced products liability and defective products case law firm.
How can a Texas Product Liability Attorney Help You?
As with all cases, there are time limits to any Dallas-Fort Worth product liability case. You will want to contact a qualified attorney as soon as possible to determine the amount of time you have to file a claim for your injuries. Tate Law Offices offers a 100% free, no-obligation consultation for product liability and defective products injury cases. Call us now to get your case reviewed by a product liability lawyer: (972) 499-4813. You may also use our contact form to email us or chat with us. We are available 24/7 to start exploring your injury case.
Our Texas product liability attorneys defend the rights of clients seriously injured by all manner of unsafe products whether tools, toys, electrical devices, medical devices, construction materials, machines or any manufactured items that can cause life-altering injuries or death. Our attorneys fight cases against corporations, insurance companies, and other liable entities that have produced dangerous products or who have failed to label products or provide warnings sufficient to enable safe use. If a product has a design flaw that leads to catastrophic injuries or a fatality our product liability attorneys will aggressively seek remedy for any individuals that were harmed. We may also file class actions when multiple parties have suffered similar injuries from a common product.
If you have been injured or someone you know has been injured by an unsafe product, do not hesitate to contact a highly qualified products liability attorney. Tate Law Offices is here to help you determine whether or not you have a potential case and to guide you every step of the way toward seeking maximum compensation for your injuries caused by a defective product. Call us now for a 100% free case evaluation at (972) 499-4813.
Understanding Texas Product Liability
Texas law allows that a product may be determined defective if it has a design that is not safe, deviates dangerously from its intended design or fails to contain sufficient instructions, labels, or warnings for safe usage.
Let one of our personal injury lawyers review your case, explain your legal options, and answer all your questions in a free case evaluation.
A product can be considered to have defects if its design leads to unnecessary risk of injury or death by its use. Products that have clear risks due to their characteristics or composition can be considered defective. Moreover, a product’s design may be determined defective if the manufacturer failed to opt for a safer version of the product’s design if such a version could have reduced the user’s exposure to unnecessary risk of injury or death.
Products that do not contain adequate warning labels or instructions for use can be considered defective products. Products may have marketing defects in the following example situations:
If a product complies with federal regulations, conforming to standards in instructions, warnings or labels, a presumption exists that the product maker has no liability for any injuries thought to result from design or marketing defects. Injured parties may seek to challenge this presumption. To do so, the victim must show that the federal regulations were insufficient in regard to safety or that the product maker withheld details about the product that could have influenced its regulatory approval.
Products with safe designs and sufficient labeling, details, warnings or instructions might still meet the criteria for being defective if a producer or manufacturer has made errors in the product’s production process. Likewise, If a producer makes substantial modifications to a product that lead to a lack of safety, the producer can still be liable for any resulting injuries or deaths.
Victims and their loved ones injured or killed by defective products have access to compensation by way of settlement or litigation. If no federal laws apply, product liability falls in the jurisdiction of each individual state. Not all states have specific products liability statutes. In these states claims are commonly addressed by tort law. The Texas Civil Practice and Remedies Code does cover products liability. In this Code there is a chapter addressing general product liability. There are also statutes for specific claims, for example, product liability cases that involve medicine or firearms.
A product liability action is one filed against a manufacturer or seller in order to recover damages for personal injury, death or other damages caused by a product. The action can be based on any appropriate legal theory. These include: Strict liability; Negligence; Misrepresentation; and/or Breach of implied or express warranty; Products liability in Texas is considered a strict liability offense. Hence, negligence does not need to be a factor. If a product has a defect or flaw and the defect or flaw led to harm, the defendant may be held liable. See Texas Civil Practice and Remedies Code Chapter 82.
A presumption exists where the product producer or seller isn’t liable for injuries if the details, warnings, labeling, or designs are in compliance with federal safety standards or federal approval requirements.
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