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What are the 3 Categories of Product Liability Claims?
There are three primary categories of product liability claims: manufacturing defects, design defects, and failure to warn.
1. Manufacturing Defects
A manufacturing defect exists when a product is not manufactured according to the specifications set forth by the designer or manufacturer. This can occur when a component is not made to the proper specifications, when assembly or construction errors are made, or when poor quality control results in defective products making it off the assembly line. In order for a plaintiff to succeed on a claim for injuries caused by a manufacturing defect, he or she must prove that the defect existed at the time the product left the control of the manufacturer or seller, and that the defect was a cause of his or her injuries.
2. Design Defects
A design defect exists when a product is not reasonably safe for its intended use, even though it was manufactured according to specifications. In order to succeed on a claim for injuries caused by a design defect, the plaintiff must prove that the product was defective in design, that the defect was a cause of his or her injuries, and that the product's manufacturer or seller knew or should have known about the risks posed by the defective design.
3. Failure to Warn
A failure to warn claim alleging that a product is dangerous because it lacks adequate warnings or instructions arises when a manufacturer or seller fails to provide consumers with information about potential risks associated with using their product. In order for a plaintiff to succeed on such a claim, he or she must prove that the product was defective because of the lack of warnings or instructions, that the defect was a cause of his or her injuries, and that the manufacturer or seller knew or should have known about the risks posed by the product.
If you have been injured by a defective product, you may be entitled to compensation for your injuries. Contact an experienced product liability attorney to learn more about your legal rights and options.
The Law Office of Juan R. Zamora is a personal injury law firm that represents people who have been injured by defective products. Our attorneys have experience handling all types of product liability claims, and we are here to help you get the compensation you deserve.
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Who is eligible to file a Product Liability Claim?
Product liability claims can be filed by anyone who has been injured by a defective product. Injured consumers may file suit against the manufacturer, retailer, or distributor of the defective product.
To succeed in a product liability claim, the injured party must prove that the product was defective and that the defect caused their injury. There are three types of defects that can give rise to a valid product liability claim:
Design defects : A design defect exists when there is a flaw in the design of the product that makes it unreasonably dangerous. Design defects make products unsafe for consumers even when they are used as intended. A design defect exists when there is a flaw in the design of the product that makes it unreasonably dangerous. Design defects make products unsafe for consumers even when they are used as intended.
Manufacturing defects : A manufacturing defect occurs when there is a problem with the way the product was manufactured. Manufacturing defects can make otherwise safe products dangerous for consumers.
Marketing defects: Marketing defects occur when products are sold without adequate warnings or instructions regarding their safe use. Marketing defects can lead to injuries even when the product itself is not defective.
If you have been injured by a defective product, contact us today to discuss your legal options. We will review your case for free and help you understand your rights and options under the law.
What claims fall under Product Liability?
The basis of premises liability is that the owner or occupier of a property owes a duty of care to those who are on the property.
This duty of care may vary depending on the relationship between the parties. For example, a store owner owes a higher duty of care to customers than to trespassers. Generally speaking, however, the owner or occupier of a property must take reasonable steps to ensure the safety of those on the property.
Negligence, on the other hand, is a legal theory that can be used to hold someone liable for injuries even if there is no duty of care owed. In order for negligence to apply, there must be some sort of relationship between the parties. For example, a driver owes a duty of care to other drivers on the road. If the driver fails to exercise reasonable care and causes an accident, the driver can be held liable under a negligence theory.
So, what is the difference between premises liability and negligence? Premises liability is based on the duty of care that is owed by the owner or occupier of a property. Negligence, on the other hand, does not require a duty of care; instead, it only requires some sort of relationship between the parties.
Contact the
Law Office of Juan R. Zamora
right once if you were hurt in a premises liability accident. We'll examine your situation and advise you on your next course of action. To arrange a free consultation, contact us at
956.420.4878.
What Damages Can Be Recovered in a Product Defect Claim?
When you are harmed by a defective product, you may be able to file a product liability claim to recover damages.
Product liability claims are governed by state law, so the specific types of damages that may be available will vary from state to state. However, there are some common types of damages that are often recovered in these cases.
Compensatory Damages
Compensatory damages are intended to compensate the injured party for their losses. This can include both economic and non-economic damages. Economic damages are quantifiable financial losses such as medical bills, lost income, and property damage. Non-economic damages are more subjective, such as pain and suffering or emotional distress.
Punitive Damages
Punitive damages are intended to punish the at-fault party and deter future misconduct. They are only available in certain cases where the defendant's actions were particularly egregious.
Wrongful Death Damages
If a defective product causes someone to die, their family members may be able to file a wrongful death claim to recover damages such as funeral expenses, loss of income, and loss of companionship.
Product Liability Claims in Texas
In Texas, product liability claims are governed by the state's strict liability laws. Under these laws, manufacturers and sellers can be held liable for injuries caused by their products, even if they did not act negligently. To recover damages in a product liability case, the plaintiff must show that the product was defective and that the defect caused their injuries.
If you have been injured by a defective product, you may be entitled to compensation.
Contact the
Law Office of Juan R. Zamora today to discuss your case with a skilled personal injury attorney.
How Product Liability Lawyer Juan R. Zamora Can Help You Get What You Deserve
No one should have to suffer because of a defective product.
If you or a loved one has been injured by a dangerous or defective product, you may be entitled to compensation. The Law Office of Juan R. Zamora can help you get the justice and compensation you deserve.
Juan R. Zamora is a skilled product liability lawyer who has helped many people get the compensation they deserve. He will thoroughly investigate your case and build a strong legal argument on your behalf. He has a proven track record of success in product liability cases, and he will work hard to get you the best possible outcome in your case.
If you or a loved one has been injured by a defective product, don't hesitate to contact the Law Office of Juan R. Zamora
today for a free consultation. Juan R. Zamora will fight for you and make sure you get the compensation you deserve.
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I had a minor fender bender with a company vehicle. Mr. Zamora took my case and believed in my injuries. They were able to settle my case for half a million dollars. I highly recommend Juan R. Zamora & his staff. Thank you all for changing my life for the best.
Frank Rodz
I am so happy with the service that was provided after my accident. Juan Zamora and all of his staff were so professional and very helpful! Highly recommend!
Yahaira De Leon
Got in an accident and immediately called their office. spoke with Mrs. De Leon and she helped me out right away. The experience I got from them made everything easy for me and the staff was very professional and helpful. I highly recommend them to anyone for their assistance. Thank you Mr. Juan Zamora.
Ron Ramos
"When it comes to Product Liability, no one knows the Law better than The Law Office of Juan R. Zamora. With years of experience in handling these types of cases, we have the knowledge and expertise to get you the compensation you deserve."
If you have been injured by a defective or dangerous product, don't hesitate to call us today for a free consultation. We will review your case and let you know what your options are. Let us help you get justice.
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