Dallas Product Liability Attorneys

It is inevitable that some products will be defective or unsafe, even with regulation and oversight. For this reason, personal injury law includes "product liability," which deals with incidents involving defective or unsafe products. The manufacturers, wholesalers, and retailers of products may be held responsible for damages and injuries resulting from the use of defective products. The products covered in this area of law include, but are not necessarily limited to food, drugs, real estate, and virtually all consumer products.

Under product liability law, anyone injured by the use of a product may seek damages: it need not be the product's original purchaser. Proof of negligence is also not required in many cases. This is due to product liability's frequent legal classification as "strict liability." This means that negligence is of no consequence - the manufacturer is expected to make a safe product and if a product caused injury (and was used as directed) the manufacturer is responsible regardless.

Use of a product in a way other than that intended by the manufacturer, or alteration of a product may void strict liability or, at the least, make it impossible to prove that injuries were caused by defects in the original product as purchased. Defense may be able to successfully claim that the injuries were caused by the acts of the plaintiff.

Not all cases of producct liability qualify as strict liability. for this reason, questions of negligence and breach of warranty may also be grounds to claim damages under product liability. Regarding negligence, if it can be demonstrated that a company was negligent in the testing of its product or in providing directions for its safe use, the injured party likely has grounds for filing suit.

In much the same way, by selling a product, a manufacturer implies a "warranty for fitness of use" and freedom from defect. Should the item prove to be defective or unfit for its intended purpose(s), an injured user may file a product liability case. In the case of negligence, the plaintiff must be able to show that the product was defective when it left the control of the party he is suing (defendant). If the defect occurred after that party relinqushed control over the product, liability is unlikely.

Various areas of defect are possible in product liability. Demonstration of the defect as well as its rendering of the product "unreasonably dangerous" for its intended use is required. Generally, a product may be unreasonable dangerous in three areas:

1. Failure (by the manufacturer or seller) to warn about dangers associated with the product's use. This is an obvious expectation put on manufacturers and sellers, along with clear and adequate instructions for use. Failure to observe this can easlily turn an othewise useful product deadly. For example, engine coolant is very useful in automobiles and extremely toxic in people: the failure to print warnings declaring this toxicity could lead to an accidental poisoning and thus product liability.


2. Design defect. This type of defect is inherent to a perfectly manufactured product: it is "built in." Poorly placed gasoline tanks and defective tires are recent, well-known examples.


3. Manufacturing (production) defect. In this type of defect, the problem occurs during manufacture, turning an otherwise safe product dangerous. An automobile wheel installed with bolts either missing or cross-threaded is a clear example.

Successful litigation of any type of case of product liability requires that the product be preserved along with all paperwork showing its origins. Such documents may include receipts showing purchases, repairs, and other changes. These are vital to building a successful case.

If you or a loved one is in need of legal assistance, call The Moore law Firm, PLLC at (972) 599-7676 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.