What happens when one has consumed a product that was defective and it, in turn, hurts them to the point of hospitalization? When the injured person files a lawsuit suing the manufacturers is what is known as product liability. The final decision is identifying a product liability attorney in Midlothian, TX for representation and advice accordingly to the next action to take.
There are different cases under which a product liability lawyer could approach the case. Some of these cases include:
In this case, the plaintiff has to demonstrate that it was the responsibility of the defendant to sell a non-defective product. If the plaintiff could be in a position of proving that the accused should have known that the product was defective, then that is a breach of duty.
Also, the plaintiff should be able to prove that the product is what caused the injuries. It could be that the defendant did not inspect the condition of the product before dispatching or not testing it on its functionality.
The product liability attorney in Midlothian, TX could argue out the case in this angle most especially if there is evidence pointing out the negligence of the defendant.
Sometimes, there is the strict liability clause where the defendant is strictly liable for the damages caused regardless of whether extreme care was taken when manufacturing the defective product or not.
Breach of the Product Warranty
Another angle of a law suit is the warranty of the product. The warranty is a representation of the product and the promise of the manufacturer that the product will cause no harm if used correctly. The fact that there is a warranty covers any person who uses the product hence, in the case of any injury; the injured person can claim compensation.
When hiring a product liability attorney, always look for the best and the one who has the best interests at heart. Find somebody who has specialized in product liability because they already know what they are dealing with. Consider how many years they have worked and ask for testimonials from people they have represented. Mallios & Associates PC offer legal services. Click here for more information.