The Rules of Strict Liability & Product Defects
Houston Product Liability Lawyer
If you suffered an injury from a
defective product, you can make a strict liability claim against the manufacturer. This means
you can seek compensation for your damages simply by showing the product
was unreasonably dangerous, instead of demonstrating the manufacturer
If you have a strict liability case, contact our Houston product liability
attorney for a free consultation.
Any number of factors can deter a strict liability claim. If, for example,
you purchased the product at a garage sale, strict liability may not apply
to your case. Strict liability law will more likely apply to your case
if you bought the defective product from the manufacturer or retailer.
Strict liability doesn’t apply to every case, but it might apply to yours:
- The product was “unreasonably dangerous.” This means it was
defective to the point of injuring you, the consumer or user.
- The defective occurred when the product was designed, manufactured, shipped,
handled, or used for its intended purpose.
- The product was not substantially changed since purchase. A “substantial”
change affects the way it functions or performs.
Challenging the Manufacturer’s Defense
Certain factors can nullify strict liability. One of the most common defenses
against strict liability claims is
awareness of the defect. If a consumer discovers a problem with the product but continues to use
it, he / she may not be able to seek compensation for any ensuing injuries.
In most cases, the manufacturer’s insurance provider will examine
the product to determine how it was used, whether or not the buyer was
aware of the defect, and if the product underwent any change since purchase.
Get the Legal Guidance You Need for a Successful Case
If you or someone you love sustained a serious injury, our Houston product
liability lawyer can help you get the compensation you need for medical
expenses, lost wages, and more. At the Law Office of Daniel D. Horowitz,
III PC, we put clients first.
Contact our office today for a free, no-strings-attached evaluation of your case.