Proving a Defective Product Case in Court

Defective product lawsuits in Sherman are a type of negligence claim alleging that a manufacturer allowed an unsafe product to reach the market and thus caused the plaintiff’s injury. Even though this maker did not intentionally harm the victim, the law states they have a duty to protect their customers, which means not allowing defective products to hit the markets.

A product maker could violate this duty by allowing a design flaw to diminish or remove the safety of their product. A mistake could also occur during the manufacturing process. In this scenario, the design would be safe, but an error in manufacturing results in a defect.

When these errors cause injuries, the consumer may be able to bring a claim for compensation. However, all claims are subject to a strict set of time limits called the statute of limitations. Under Texas Civ. Prac. & Rem Code, Title 2, Ch. 16, Sec. 16.003, a court may only hear a case if a plaintiff files a complaint within two years of the date of injury.

Defenses Available to Manufacturers in Sherman

Plaintiffs should never expect the defendant in their case to accept their demands. While a defendant does not need to present any evidence in court, there are common defenses available to a manufacturer in a defective product case. Perhaps the most common defense manufacturers will try to use is to argue that the injured person did not use the product as intended.

Even the most innocuous item can be rendered dangerous if it is not used in the proper way. By claiming the product was not used as intended when it caused the injury, the manufacturer may not be able to be held liable since it may not be responsible for injuries caused by using the product in an unforeseeable manner.

Another potential defense is that the product is inherently dangerous and that the user accepted the risk. This especially applies in cases alleging defective medications or power tools. These are items that are intended to be used with full knowledge of the potential risks, and if a person uses this item, the defendant may argue that they accepted the risk and waived all potential lawsuits.

media

Let a Sherman Defective Products Attorney Be an Advocate

Manufacturers must create products that are safe for consumers to use. Any failure on the part of the product’s maker to ensure that the item is designed safely and manufactured correctly can result in a serious injury.

Sherman Case Types

Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

Get a Free Virtual Consultation
Contact us media
Contact us media
Logo media

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (972) 945-1173.