Dealing with an injury is one thing, but knowing that damage was caused because of a product you used and trusted is another altogether. You put your faith in an item that you thought would make life easier. Instead, the company let you down. They sold a faulty product that caused harm. Something must be done. It’s time to right this wrong.
That is where product liability laws enter the picture. To take advantage of such laws and regulations, you’ll want an experienced personal injury attorney with product liability experience on your side.
What is Product Liability Law?
Essentially, product liability law is an area that determines whether or not a company is liable for any injuries caused by a defective product they sold in stores or via their system. Often, the company will lose the case because they were considered liable for the injuries. After all, it was their product that malfunctioned and caused bodily harm. In the U.S., companies have a responsibility to ensure their products are safe for consumers.
If a child were to choke on a toy and the company knew it was a choking hazard but did not warn anyone, it would only make sense to go after the company for the injuries.
Liability vs. Negligence
In Texas, product liability laws differentiate between liability and negligence. For the most part, negligence refers to the company causing the injury because of failure to take proper precautions. Whereas liability means the company was solely responsible for the damage. Now, that sounds remarkably similar.
It’s broken down like this: If the company issued a recall, but the product injured someone before returning the item, the company is liable. If they failed to call the toy because they did not realize the dangers, then they’re negligent.
To the layman, this can be quite confusing. That is why you need to find an experienced product liability attorney who can help you navigate these waters and ensure the right settlement for your case.