Companies in Texas have the responsibility of making a product that’s safe for public use. If whatever they manufacture or design has potential threats, they must provide adequate instructions and warnings on handling or using the product. Let us look at some product liability laws and how they may apply to you concerning defective products on the market.
Product liability in Texas
When you get injured by a defective product, you have the right to file a product liability lawsuit seeking compensation for the damages caused. The Texas Civil Practice and Remedies Code provides a guideline on how you can hold a seller or a manufacturer liable for putting out a defective product on the market.
Product liability laws
In a product liability action, the manufacturer has the duty of compensating the seller for the losses incurred during the lawsuit except when the claimant is injured because the seller negligently altered or modified the product, omitted something, or was intentionally acted in misconduct.
A seller won’t be liable for any harm caused unless you (the claimant) can prove that:
- They did participate in designing that particular product
- Provided false information about the product
- You got injured because there was no or inadequate warning or instructions
- The design you bought is different from the original make from the manufacturer
- The seller knew that the product had problems, but they still went on to sell it to you
You can also file a lawsuit against a seller if the manufacturer is not subject to the court’s jurisdiction or is insolvent. For instance, if the manufacturer is from another country, the seller is responsible for ensuring that the item they sell is safe to use. You can file a product liability lawsuit against a seller or a manufacturer in Texas for compensation for injuries obtained within two years of buying an item.