The Rules of Strict Liability & Product Defects

Houston Product Liability Lawyer

If you suffered an injury from a defective product, you can make a strict liability claim against the manufacturer. This means you can seek compensation for your damages simply by showing the product was unreasonably dangerous, instead of demonstrating the manufacturer was careless.

If you have a strict liability case, contact our Houston product liability attorney for a free consultation.

Any number of factors can deter a strict liability claim. If, for example, you purchased the product at a garage sale, strict liability may not apply to your case. Strict liability law will more likely apply to your case if you bought the defective product from the manufacturer or retailer.

Strict liability doesn’t apply to every case, but it might apply to yours:

  • The product was “unreasonably dangerous.” This means it was defective to the point of injuring you, the consumer or user.
  • The defective occurred when the product was designed, manufactured, shipped, handled, or used for its intended purpose.
  • The product was not substantially changed since purchase. A “substantial” change affects the way it functions or performs.

Challenging the Manufacturer’s Defense

Certain factors can nullify strict liability. One of the most common defenses against strict liability claims is awareness of the defect. If a consumer discovers a problem with the product but continues to use it, he / she may not be able to seek compensation for any ensuing injuries. In most cases, the manufacturer’s insurance provider will examine the product to determine how it was used, whether or not the buyer was aware of the defect, and if the product underwent any change since purchase.

Get the Legal Guidance You Need for a Successful Case

If you or someone you love sustained a serious injury, our Houston product liability lawyer can help you get the compensation you need for medical expenses, lost wages, and more. At the Law Office of Daniel D. Horowitz, III, PC, we put clients first. Contact our office today for a free, no-strings-attached evaluation of your case.