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Product liability and wrongful death

On Behalf of | May 20, 2024 | Wrongful Death |

In Texas, product liability cases for wrongful death are complex. They require a deep understanding of the law. If a defective product causes a death, the maker, seller, or retailer may be accountable.

Understanding product liability

Product liability is the legal responsibility of makers and sellers. They have it for injuries caused by defective products. These defects fall into three main types: design, manufacturing, and marketing. Design defects are inherent flaws in the product’s design. Defects happen during production. Marketing defects involve bad instructions or warnings.

Proving wrongful death

The plaintiff must prove several things. First, you must show that the product had a defect and that this defect directly caused the death. Evidence, like expert testimony, product recalls, and safety reports, can back this claim. Also, the plaintiff must show that the person who died was using the product as intended, or in a way that could have been reasonably expected at the time of the accident.

Legal challenges and compensation

Wrongful death cases involving product liability present several challenges. Defendants often argue that they misused the product. They also say that the person who was killed actions contributed to the death. Overcoming these defenses requires compelling evidence and expert witnesses. Winning claims can lead to payment for medical expenses and funeral costs. They also cover loss of income and emotional distress.

Pursuing justice

Understanding the nuances of product defects is essential in seeking compensation after losing a loved one. By knowing what steps to take and who can file a claim, affected families can seek justice.