Product liability cases in Texas follow the legal doctrine of strict liability, which basically means that attorneys are not required to prove negligence for a successful claim. Gross negligence can still be a component of any injury instance, which can also result in punitive damages in egregious situations. Attorneys must connect the client to use of the product and prove misrepresentation by the manufacturer or sales outlet or a breach of expressed or implied warranty.
These are still difficult legal tasks even when proof of negligence in not required. An attorney must prove within the preponderance standard that use of the product was either directly or indirectly the cause for the claimed injury. This is done by using material case details that can be presented to the approval officials or the court after crafting the case.
Class action suits are very common with defective products, which are lawsuits that commonly take significant time but can result in designated funds being made available via a trust or other financial structure for claimants who are injured. These can be intense cases, even when going to court is not necessary.
Product liability cases are different from other personal injury cases in several aspects, especially class action suits. It may be helpful to have an experienced Texas product liability attorney guide plaintiffs through the process.
