Product Liability

Fort Worth Accident Attorney

Product Liability includes a variety of legal claims that permit an injured party to recover financial compensation from the manufacturer or seller of a product. This area of law involves manufacturers, distributors, suppliers, retailers and others who make products that are available to the public. These parties are held responsible for injuries their products may produce. The most common claims in the United States that are associated with product liability are negligence, strict liability, breach of warranty and various consumer protection laws. Most product liability laws are determined at the state level and vary according to different states. Each type of product liability claim requires various elements to be proven to present a substantial claim. Generally, products are thought of as tangible personal property, however this definition has expanded to include intangibles (gas), naturals (pets), real estate (houses), and writings (navigational charts).

Product liability is generally considered a “strict liability” wrong. Strict liabilities do not depend on the degree of cautiousness by the defendant. Therefore, a defendant is liable when it is proven that the product in question is defective. Product liability claims typically fall into the following three categories:

1. those claiming a design effect
2. those claiming a manufacturing defect
3. those claiming a failure to warn.

Defective or dangerous product claims may be successful even when the product was used incorrectly by the consumer. However, this “incorrect use” must have been foreseeable by the manufacturer.

Consultation with an experienced attorney is essential to assure that your case is properly evaluated by appropriate experts in the field. In product liability cases it is often essential that steps be taken to promptly preserve evidence, establish the nature of damage, and have experts thoroughly evaluate the product and its relationship to the injuries sustained.

The Law Office of Terry K. Fleming is experienced in handling product liability claims and ensures that you will receive adequate assistance in establishing damages that may have resulted from a defective product of some sort. Our office will offers a free initial consultation and will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. If you feel you or a loved one may have a substantial claim, it is in your best interest not to delay. Your claim may be valid and compensation should be awarded, however your lawsuit must be filed before the statue of limitation expires, which is two years in the state of Texas.

For more information on product liability cases, visit our resource center.

The Law Offices of Terry K. Fleming handles car accident, truck accident, medical malpractice*, knee injury, and social security disability cases in Fort Worth, Granbury, Stephenville, Weathorford, Grapevine, Arlington, Forest Hills, Everman, Crowley, River Oaks, White Settlement, Westworth Village, Westworth Hills, Edgecliff, Haltom City, Sansom Park, Saginaw, Richland Hills, Burleson, Randon and throughout Texas. Contact our Fort Worth car accident attorneys today for a free consultation regarding your case. Our Ft. Worth accident lawyers won't charge a fee unless you recover money in your case.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.

* May be referred to independent counsel.