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  • Writer's pictureRobert Schuerger

How to File a Lawsuit for Product Liability in Texas - Schuerger Shunnarah

Product liability consists of suffering any kind of personal injury due to using a specific product. It could literally be any kind of item, as long as it damages the victim. When someone talks about this, most people think about hazardous products, but it can go beyond that. 


Many items on the market can damage people in ways they could never imagine. The problem is that since a specific person didn't cause the injuries, not everyone knows they can get compensation for what happened. 


Whether it's for lost wages, medical treatment, or property damage, people can get compensation if a manufacturing defect in a product they bought hurts them in any way. How? They only need to file a product liability lawsuit. 


The idea of this page is to teach people how to seek justice when they face a product liability situation. That doesn't mean they can go through the entire process without a lawyer, though. Everyone needs the help of a professional attorney to file a lawsuit. 


Schuerger Shunnarah Trial Attorneys is one the best options for people looking for a personal injury lawyer in Dallas, Texas. Victims looking forward to hiring this law firm should visit its website and contact it to schedule a free consultation as soon as possible. They're also able to explain how to file a lawsuit for premises liability in Texas.


Examples of Product Liability Claims 

Examples of Product Liability Claims 


There are many situations where people can file product liability claims. It may be as simple as when the defendant breached an expressed or implied warranty, for example, meaning the product didn't work as intended.


These are a few of the most common examples in which victims can seek compensation this way: 


Manufacturing Defect 

When someone gets an injury because a product had a manufacturing problem, they can sue the company that manufactured that product. An example of that is when a power tool has a malfunctioning switch that shocks its user. 


If a toy has a small detachable part and a child chokes on it, the kid's parents can sue the manufacturer, too. The same happens when people sell contaminated food.


Design Defect 

Sometimes, it's not that companies sell a defective product but rather that the design of the item is dangerous in the first place. Victims can file a product liability claim if they get into a crash because their car has a faulty braking system, for example. 


Failure to Warn 

Although this applies to any product liability case, it's important people understand it individually. If a product is inevitably dangerous, its manufacturer has to make sure consumers understand the dangers of using it. 


This is the reason children's toys have age recommendations on them. If they weren't there and a child had an accident with the item, their family could sue the toy company. Something similar happens with lawn equipment that lacks warnings about potential hazards. 


Texas has a strict liability system, so companies try their best to avoid this kind of problem. However, the best way to know if someone's accident is a product liability case is to ask a personal injury lawyer. They can also assist with how to file a lawsuit for nursing home abuse in Texas.


How to File a Product Liability Lawsuit 

How to File a Product Liability Lawsuit 


Defective products can damage people in many ways, and there are many different scenarios that fall into the item liability description. Regardless of that, Texas product liability laws are the same in all cases, so the process to file a claim is always the same. 


Here is a brief explanation of all the steps victims need to follow to file a defective product lawsuit:


Look for Evidence 

After the victim suffers the damage the defective product causes and gets medical attention, they need to start looking for evidence of what happened. People need to prove they suffer the injury they are claiming due to the item they bought. 


Samples of the same item, witness statements, and pictures are examples of evidence in a defective product case. Regardless of that, if the victim's lawyer is experienced, they will know where to look and which pieces of evidence may work better for the case. 


Pre-Suit Demands 

Before fully committing to a defective product claim, victims have the option to send pre-suit demands to the liable party. In a nutshell, the injured person's lawyer asks for compensation formally to avoid getting into a legal feud. If they agree, they will just need to send what the victim is asking for.


File the Product Liability Claim 

In case the liable party doesn't agree to the pre-suit demands the victim made, the next step is to formally file a liability claim against the product manufacturer. Doing this process is relatively simple since the victim's lawyer just needs to submit a complaint to a local court with everything the judge needs to know about the case. 


Once they get the complaint, the judge will ask a process server to send a copy to the defendant. They will have a specific time to respond to the allegations the victim has about their defective products. 


Discovery Phase 

When the legal process gets to the discovery phase, both parties will exchange information and evidence about the case. They can do this through interrogatories, depositions, or any requests for documents they may have for the court. 


Just like the victim may have evidence about the manufacturing defects the product they used had, the defendant will also have things to prove. Here, the plaintiff should analyze what the other party has to decide if they want to get a settlement through mediation or trial. 


Negotiations/Trial 

Regardless of a defective design or manufacturing process problem the product may have, the plaintiff and the defendant can get to a settlement negotiation. They can agree to a fair settlement that doesn't cover everything the victim asked for in their initial claim. 


If these negotiations fail, the case will inevitably go to trial. Once there, if the victim wins, they will most likely get everything they asked for. However, they won't get anything if they don't. 


Dallas defective product attorneys know when product liability lawsuits have high or low chances of winning. They should try to get an agreement with the other party if they know they won't win the case. 


Final Thoughts 


Whether it's a light marketing defect or a huge problem that caused a severe injury, victims of this problem need to hire a product liability lawyer. They will know what evidence and strategy may work best for the case, so it's essential to get professional advice from the very beginning of the process.


Product liability law protects people and offers them full and fair compensation. The only thing they need to do to get it is win the case. 


Schuerger Shunnarah Trial Attorneys is ready to help anyone in Dallas, Texas. This company focuses on each individual case it gets and does everything in its hands to win it. Victims can schedule a free consultation with it through its website. 

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