Defective product liability cases are important because defective products kill and injure people. There are many good companies in Texas, specifically, and the United States, generally. Many of these companies make great products that do what they are supposed to do and do it safely. Unfortunately, some companies make defective products. Some companies rarely make a defective product and some companies make defective products regularly. Some of the most important defective product cases have recently been in the medical industry such as defective vaginal mesh and Medtronic Infuse Bone Graft systems.
Defective product attorneys hold bad companies accountable for the damage that they do. Stephen Foster is proud to be a San Antonio product defect, or product liability, attorney that handles product defect litigation and consumer law cases throughout Texas and the United States. Suing a company that makes defective products requires a knowledge of the special laws that apply to these types of cases.
A defective product allows for a lawsuit on the basis of “strict liability”, which is sometimes called “strict products liability”. Strict liability means that it is not necessary to prove that a manufacturer or seller was negligent in making their product. Strict product liability means that manufacturers are always responsible for their product.
In order to take advantage of strict liability in a defective product liability case it is necessary to establish the following:
- the product was defective,
- the product that hurt someone was close to its original condition when sold,
- the defect made the product unreasonably dangerous and
- the defect actually caused the injury.
There are three ways that Texas law can find a product to be defective. A product can be defective because of some sort of design defect, a product can be defective because of a manufacturing defect or a product can be defective because of a marketing defect.