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  • Writer's pictureRobert Schuerger

How to File a Product Liability Claim in Houston, Texas | Schuerger Shunnarah Trial Attorneys

Product liability claims are valid when a defective item causes harm or injury to an individual. These claims fall under the jurisdiction of product liability law, a complex legal practice area. Whether due to manufacturing defects, design flaws, or a failure to warn consumers, victims of such incidents have the right to seek compensation for their injuries.


However, navigating the complicated world of product liability law can be challenging. Therefore, it's essential for victims to pair with a skilled product liability attorney to ensure a successful defective product liability claim.


The Most Common Elements in Product Liability Claims

The Most Common Elements in Product Liability Claims


Understanding the most common elements in a product liability claim is crucial for victims seeking compensation. By consulting with a reputable product liability attorney, individuals can effectively navigate the legal system and seek the justice they deserve.

  • Defective Product

At the core of any product liability claim is the existence of a defective product. The victim and their product liability lawyer must prove the defective product does not meet the consumer's established safety standards or expectations. They must show an error in its design or manufacturing, making it unreasonably dangerous for the user.

  • Injury

There must be evidence of an injury to pursue a product liability claim. In this case, the injury can range from physical harm to emotional distress or even property damage caused by the defective item. The injury's severity can significantly impact the outcome of the claim.

  • Proper Use

It is crucial to establish that the injury happened due to the product's defective nature and not due to misuse or negligence on the user's part. Demonstrating that the item was correctly used, according to its intended purpose and instructions, strengthens the case for product liability.

  • Causation

Lastly, causation is a critical element in any claim. The injured person must establish a link between using the defective product and the resulting injury.


The Different Types of Product Liability Lawsuits


Claiming liability for products is a gray area of law that holds manufacturers, distributors, sellers, and sometimes even designers accountable for any injuries or damages caused by their products. There are three types of lawsuits victims can file for with the assistance of a qualified personal injury lawyer:

  • Design Defect

This is when a product is correctly manufactured, but its design is inherently flawed. In other words, the defect lies in the design rather than the manufacturing process.


Products with such defects can pose significant user risks, even when used correctly. Victims who suffer harm due to a poorly designed product may have grounds to file a product liability lawsuit against the manufacturer.

  • Manufacturing Defect

The primary type of product liability lawsuit involves manufacturing defects, which happen when an item is incorrectly built, resulting in flawed execution.


These defects can happen at any stage during the manufacturing or production process, often due to issues or mistakes in the distribution chain.

  • Warning Failure

Manufacturers are responsible for providing clear guidelines, usage instructions, and warnings about their products to potential users. Failure to do so can lead to a warning failure claim, where the victim argues that the manufacturer didn't adequately inform them about the potential risks or dangers associated with the product's usage.


A successful claim in such situations may require proving that proper warnings would have prevented the injury.


Victims of defective products may suffer severe injuries, physical or emotional trauma, and financial hardships.


By filing a product liability claim, they can seek compensation for medical expenses, lost wages, pain and suffering, and other related expenses. However, the laws can be complex, requiring the expertise of product liability attorneys.


They have in-depth knowledge of the legal system, understand the complexities of these cases, and have experience representing injured individuals. Working with a skilled attorney increases the chances of a successful product liability claim and ensures that victims receive the compensation they deserve.


Determining Fault in a Product Liability Lawsuit


To determine fault under product liability laws, it is essential to establish negligence or fault on the part of the manufacturer, wholesaler, or retail store. Lawyers prove this by showing the defective item and that the injury occurred because of the error.


Additionally, they must prove the product was being used accordingly and as intended or that any misuse was reasonably foreseeable by the ordinary consumer.


In some cases, negligence can be due to improper storage or mishandling of the product by the manufacturer, wholesaler, or retailer. Schuerger Shunnarah Trial Attorneys can help answer questions such as, "How do you prove a product is defective?"


The Four Theories in Product Liability Cases

The Four Theories in Product Liability Cases


Individuals injured due to product defects can recover compensation for medical treatment, medical bills, and other damages. In such cases, it is crucial to understand the different theories that can be used to establish liability and ensure proper legal representation by an experienced lawyer.

  • Strict Liability

In a strict liability claim, the supplier of the product is directly responsible for any defects and subsequent injuries caused. Unlike negligence lawsuits, which require proving irresponsibility, strict liability focuses on the product. The victim must prove the item was defective and that the defect directly caused their injuries.

  • Negligence

On the other hand, negligence claims in product liability cases arise when the supplier fails to act reasonably during the manufacturing process, design stage, or product distribution.

It involves showing that the supplier's actions (or lack thereof) directly caused the defects that led to the victim's injuries.

  • Res Ipsa Loquitur

Translated as "the thing speaks for itself" in Latin, Res Ipsa Loquitur holds someone responsible for the injuries caused during the production stage, regardless of their position.

In this theory, the burden of proof shifts to the defendant, who must prove their innocence, rather than the plaintiff proving their guilt.

  • Breach of Warranty

Victims can claim this type of lawsuit when a product fails to meet the expectations outlined in its implied warranty and the violation results in the injury before the item expires.


Final Words


Understanding the legal complications in personal injury cases is crucial for victims seeking compensation for their injuries caused by an unsafe product.


Establishing a solid attorney-client relationship is vital in a negligence claim, as these professionals possess the knowledge and expertise to guide plaintiffs through the process. With their help, victims can build a strong legal claim and have a higher chance of securing the compensation they deserve.


Moreover, a reputable law firm like Schuerger Shunnarah Trial Attorneys can help clients gather evidence to prove that their injuries directly resulted from the product defect. They can also answer questions like, "Is Texas a no fault state for car accidents?"


This may include expert testimonies, medical records, and other supporting documentation. Stating "We Go to War for You," this law company can hold manufacturers accountable for their negligence.

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