How To Prove A Texas Product Liability – Strict Liability Claim
In Texas, a claim of Product Liability – Strict Liability is defined as:
The obligation and responsibility that manufacturers and those who are in the distribution chain of sales to the general public to deliver goods that are without defects which could cause harm and are strictly liable for injuries that may occur.
It simply means:
Anyone in the manufacturing or supply chain can be sued if a product is defective and causes injury or damages.
There are 4 elements of the claim:
- Element 1. A product is defective. A product is considered defective when it has a flaw or issue that makes it unsafe for use, meaning it doesn’t work as intended or poses a risk to the user, leading to potential harm or injury.
Facts that might support this element look like:
* The product failed to perform as intended, causing injury to the user during normal use.
* The manufacturer received multiple reports of similar malfunctions from consumers prior to the incident.
* The product lacked adequate safety warnings, leading to an increased risk of harm.
* Testing revealed that the product did not meet industry safety standards at the time of sale.
* The design of the product was inherently unsafe, making it prone to failure under typical conditions. - Element 2. The product reached the claimant without a substantial change in its condition. This means that the product was delivered to the person making the claim in the same state it was originally sold, without any significant damage or alterations that could affect its safety or performance.
Facts that might support this element look like:
* The product was delivered directly from the manufacturer to the claimant without any intermediate handling or alterations.
* The claimant used the product in accordance with the manufacturer’s instructions, ensuring it remained in its original condition.
* The product was stored and maintained by the claimant in a manner consistent with the manufacturer’s recommendations.
* There is no evidence that the product was damaged or modified after it left the manufacturer’s facility.
* The packaging of the product was intact and undamaged at the time it was received by the claimant. - Element 3. The defect rendered the product unreasonably dangerous. A product is considered unreasonably dangerous if it has a defect that makes it likely to cause harm to users, even if the manufacturer took precautions; this means the product is unsafe for its intended use and poses a risk that a reasonable person wouldn’t expect.
Facts that might support this element look like:
* The product failed to perform as intended, causing injury to the user during normal operation.
* The design of the product lacked essential safety features that are standard in similar products on the market.
* The product’s materials were found to be substandard, leading to a higher risk of failure during use.
* Consumer testing revealed that a significant percentage of users experienced malfunctions that posed serious safety risks.
* The manufacturer received multiple complaints about the product’s safety prior to the incident, indicating awareness of the defect. - Element 4. The defect caused the plaintiff’s alleged damages. The plaintiff must show that the defect in the product directly caused their injuries or losses, meaning that if the product had been safe, they would not have suffered those damages.
Facts that might support this element look like:
* The plaintiff experienced a malfunction of the product shortly after purchase, leading to significant property damage.
* Expert testimony confirmed that the defect in the product directly contributed to the incident that caused the plaintiff’s injuries.
* The plaintiff provided evidence showing that similar products without the defect did not result in any damages when used under the same conditions.
* The product was recalled due to the identified defect, which was linked to multiple reported injuries and damages.
* The plaintiff’s medical records indicate that the injuries sustained were a direct result of the product’s failure during normal use.
(See McKisson v. Sales Affiliates, Inc., 416 SW 2d 787 – Tex: Supreme Court 1967.)
If you’re representing yourself in court and plan to assert a claim of Product Liability – Strict Liability, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Don’t navigate this complex process alone—equip yourself with the right tools and knowledge.
Prove Your TX Product Liability – Strict Liability Claim
U.S. Civil Cases Only