What Evidence Do I Need for a Successful Product Liability Case in Texas?

Product Liability

Dangerous products are sold to people in Texas each day. In most instances, one wouldn’t know that they are defective until they get hurt. The injuries can cause death or negatively impact the victim’s life.

Product liability laws exist to compel manufacturers to manufacture, design, and market safe products across the state. It also provides avenues for injured persons to seek compensation. An Edinburg personal injury lawyer can help you gather all the evidence needed for a successful lawsuit.

What Evidence is Needed to Prove Product Liability in Texas?

One cannot recover compensation for injuries sustained from an alleged defective product, unless they prove that:

• The product was defective
• The defects caused the alleged injuries

The above elements are not always easy to prove, but it might be easier if you have evidence on:

• The existence of injuries
• A defect in the product
• Anything the manufacturer did or failed to do that resulted in injuries or accident

Your pieces of evidence must show that:

• The product is defective
• The product reached you without significant changes in its condition
• The defect made the product unreasonably dangerous
• The defects caused your injuries

Remember that the negligent or reckless party might not take your lawsuit lightly. They will seek ways to dispute your claim and escape liability in Texas. So, make sure that you build a solid evidence-backed case with the help of a skilled Edinburg attorney.

How Do I Present My Evidence in Product Liability Case in Texas?

Texas requires defective product victims to specify what their claim is based on when filing. After that, you have to provide evidence relevant to the type of claim you file.

Design Defect Claim

If you believe that a product’s design is to blame for your injuries, consider filing your claim in this category. One of the possible approaches to this would be to prove the existence of a safer alternative design.

Manufacturing Defect Claim

Evidence needed when filing a claim in this category should show that the product deviated from its specifications. You should also prove that the condition was so when the manufacturer released it to the market.

Marketing Defect Claim

If you choose this approach, you need to prove that the product lacked adequate warnings. Users have a right to know the potential dangers attached to a product before purchasing or using them. And you can show that this wasn’t done.

Note that a claim can’t be based on speculations and conjecture. And the defendant might require you to produce more than an iota of evidence.

How Can I Preserve the Evidence?

Once a product has caused you harm, it is critical to speak to an attorney that can immediately secure the dangerous or defective product. This ensures that it will be available later when you pursue a product liability claim in a Texas court. It will also guarantee that the product’s condition that resulted in your injury does not change over time.

You can only discard a dangerous or defective product if it exposes you to the risk of immediate harm. Also, avoid giving it to an investigator or manufacturers that might be desperate to secure your evidence and avoid liability. Your pieces of evidence should be put in a facility where only you or your injury lawyer have access and control.

What Happens if the Evidence Cannot Be Secured Immediately?

Sometimes, it might not be possible to secure evidence immediately, or you might have delayed contacting a legal expert. In such instances, the best you can do is to put everyone on notice as soon as possible. This could include the police, wrecking yards, and tow-truck operators.

And if they fail to take reasonably necessary steps to preserve the evidence despite the notice, you can hold them liable. An Edinburg product liability attorney can file a preliminary injunction and a temporary restraining order within the shortest time possible. This prevents destructive testing and alterations to the product.

What Other Information Do I Need For My Product Liability Case?

Apart from the product itself, an Edinburg product liability attorney will need additional information to build your product liability case. The complete product history can give them an idea of the potential strengths and weaknesses of the lawsuit. A Texas lawyer might ask you to provide the following:

• All written materials that accompanied the distribution of the original sale of the product
• Warranties
• Assembly booklets
• Instruction booklets

The above-written documents might provide information on:

• The identity of the users
• The identity of the lessees
• The identity of the subsequent purchasers
• The identity of the distributor
• The date of the original sale

And while your memory is still fresh, consider telling your Texas personal injury attorney about any modifications that might have been made to your product since you acquired it from the distributor or manufacturer. Make sure that you give the dates of the modifications and the identity of entities or persons that did it.

How Do Experts Help Back-Up Evidence?

Having the right pieces of evidence is rarely enough to win a product liability case in Texas. You need medical, safety, engineering, and other professional experts to back you up. An engineering expert can explain to the judge how a defect in a product could have caused your injuries. However, an engineering approach might not be sufficient.

Other experts in human factors could be necessary for elaborating that a product shouldn’t only be designed to work, but to work safely. They can do a biomechanical analysis and show human tendencies and behaviors that could have been foreseen. An experienced Edinburg product liability attorney can bring on board all the experts you need to win.

A Lawyer Diligently Representing Clients in Hidalgo County

Manufacturers are usually equipped with a team of lawyers when they anticipate a product liability case. Their legal experts will be looking for loopholes in your case to use as a defense against liability.

Victims of defective products require the representation of a diligent and aggressive lawyer. Speak to us today to discuss your injuries and ways of fighting for your rights in Edinburg, Texas.