It boggles the mind to think of how many millions of different products there are for sale in today’s marketplace in Texas and across the nation. Perhaps you rarely even leave the house to do your shopping because you can find just about anything you need online. If you do venture out to in-person stores, you’ll likely find multiple choices for whatever type of item you need or want to buy. You have the right as a consumer to expect the products you buy and use are reasonably safe.
In fact, that right is protected by law. Every product must meet the reasonable expectations of consumers; this undoubtedly includes safe usage. That doesn’t necessarily mean every product sold is safe. There are many dangerous and defective sale items that cause injuries to people throughout the United States every year. Some who suffer are children whose toys did not work as they expected. Others are adults who suffer injuries when tools malfunction or improperly labeled medicines make them ill.
Who is liable for products that harm?
If you or your child suffer personal injury due to a dangerous or defective product, there’s no reason you should have to to meet the medical expenses or other costs associated with the incident. Manufacturers, sales people and distributors are responsible for making sure the products that reach the hands of consumers are safe. Following are some of the basic facts regarding who may be liable for injuries when products fail:
- States govern product liability law, not federal laws.
- The manufacturer or distributor must sell the product in the marketplace for product liability laws to apply. The market may be online or in-person.
- The person injured does not necessarily have to be the one who purchased the product in question.
- The person deemed liable must be in the direct chain of sale of the product, meaning, if you pick up something at a yard sale or flea market, the person who sold it to you there is typically not the one who can be held legally accountable for your injury.
Most product liability situations have to do with defective labeling, design, manufacturing or marketing issues. Some products you use are inherently dangerous, such as power tools, electric knives or high-speed vehicles; however, if you use them appropriately, according to the instructions and warning labels printed on their packaging, you should be confident that no harm will come to you or your loved ones in the process. When injuries occur and defective products are to blame, many Texas residents reach out for support to pursue justice.
A personal injury attorney possesses clear understanding of product liability law and can help you request full recovery for your losses in court. Going to court can be very stressful; having an experienced attorney by your side to advocate on your behalf may help overcome obstacles and keep stress to a minimum.