You may have a product defect strict liability claim if a product was inherently dangerous. In a strict liability claim, you wouldn’t need to prove negligence or intentional conduct. But you would need to prove that:
1. The defendant’s product contained inherent dangers. This danger could result from a product defect.
2. The defect caused your accident.
3. You have suffered actual harm from the product defect.
If you can prove these elements, you could hold financially accountable for your injuries any or all of the parties involved in the manufacture or sale of that product to you. You would need to show that you did not alter or misuse the product, but that you used the product as intended. If you could show that you used the product in the proper manner, but that in the ordinary course of use it was inherently dangerous and harmed you, then you should have grounds for a product defect strict liability claim. The parties liable for your harm might include:
1. The product designer.
2. The manufacturer.
3. The wholesaler.
4. The distributor.
5. The retailer.
But don’t think that just because you don’t have to prove negligence or intent that a strict liability claim is necessarily the best option for your individual case. A strict liability award might just be limited to actual damages, with no additional amounts for punitive damages or incidental damages. So you might actually make a smaller recovery than from a case where you need to prove negligence.
The individual facts and circumstances of your product defect accident case would be the determining factors in your choice of a legal strategy. You should discuss your case personally with one of our Lake Jackson, TX personal injury lawyers to learn about your available legal remedies and which ones might be better for you in the context of your accident. Call us today. We could explain your options in detail and help you to understand the pros and cons of each before you decide. Our Lake Jackson, TX personal injury lawyers want you to have the information you need to choose the wisest option for your financial future after your undeserved accident.