Lawsuits are intended to hold people liable for their own actions. If someone wrongs you, it’s only fair that they are held accountable. If you suffered financial losses, equity dictates that you should be compensated accordingly.
But what happens when a person wasn’t the direct cause of harm? Are there instances when someone could get sued for damages caused by something or someone else? Such are the questions in cases of strict and product liability.
What is Strict Liability?
One of the most common civil actions is negligence. When a person sues another for such cause of action, the Plaintiff (the person suing) needs to prove four elements: duty of care, breach of that duty, causation, and damages. If one of those elements is missing, you’ll lose your case.
However, certain companies and manufacturers promote products or activities that are so inherently dangerous, if the end user is injured, they’ll be able to sue for strict liability. No need to prove negligence.
Examples of such products include certain chemicals, flammables, explosives, or owning wild animals. If the activity involves a serious risk of harm, and that harm cannot be eliminated by using reasonable care, once someone gets injured, they’ll be able to sue for strict liability.
Who Can be Sued for Strict Liability?
If you were harmed by a wild animal or an abnormally dangerous item or activity, you can sue the owner of that wild animal, or the manufacturer of the abnormally dangerous item. Damages include personal injury, emotional pain, as well as financial losses.
What is Product Liability?
Product liability refers to when you’re trying to hold a manufacturer liable for an injury you sustained while using their product. Unlike in strict liability cases, you have to be able to show some sort of negligence from the part of the Defendant (the entity getting sued). There are three ways you can do so in these kinds of cases:
1. Design Defects. This type of product liability claim alleges that the design of the product was erroneous, making the product unreasonably dangerous to the consumer. If a defect in design harms the consumer or a third party (bystander, passenger, etc…), the injured party will be able to sue for product liability. Examples of design defects include making a chair that cannot hold weight, or a car that is so top heavy it makes it more prone to roll over in the case of an accident.
2. Manufacturing Defects. Manufacturing defects include using outdated components, or the wrong type of screws, or attaching parts incorrectly, or building a product in a way that makes it unreasonably dangerous. For example, making lamps that are prone to causing electric shocks when plugged in, or a blender with a lid that fails to fasten properly.
3. Failure to Warn. Designers of a product also have the responsibility to warn consumers about any limitations to use. Going back to the chair example, if it can only hold up to 200 lbs, it should include a warning letting consumers know about such limitation. Another example is a warning about the side effects of certain medications. Manufacturers are required to test their products to be aware of any limitations or side effects, both for the intended purpose as well as for foreseeable uses of their product (e.g. using a chair as a step stool).
Who Can be Sued for Product Liability?
If you’ve been injured by a product, depending on the circumstances of the cause, you could hold liable the designer of the product, the manufacturer, or even the retail store where you purchased it.
Civil Litigation Attorneys in Texas
If you’ve been injured by a product and want to know how to move forward, the experienced attorneys at The Weycer Law Firm can help.
Discuss your case for FREE today by contacting us online or by calling (713) 668-4545.
