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TX crash lawyerRecently, a man was speeding near the 13000 block of Applewhite Road in San Antonio when his tire blew out. The blowout caused him to lose control of his car, with the vehicle crossing the median and crashing into an oncoming big rig. The man was taken to a nearby hospital for treatment, but later died of his injuries. While many accidents of this type result in personal injury or wrongful death cases, it is sometimes possible to mount a cause of action in product liability. In an accident like this, someone who was injured (or the family of a deceased accident victim) might conceivably try to file suit against the tire manufacturer, alleging product liability.

Strict Liability

Product liability cases in Texas differ substantially from a standard personal injury action. Someone brings a personal injury lawsuit when they have been injured due to the negligence of another person and want to hold them accountable. In some states, this is the same procedure that one might use to file suit against a product’s manufacturer, but in Texas, a product liability case is based on strict liability. This means that negligence is irrelevant - if the product had a defect of some kind, and the product caused you harm, the manufacturer is liable for damages.

That said, keep in mind that when it comes to vehicles, there is rarely just one manufacturer that could be held liable in an accident case. In the Applewhite Road crash, one might think that the tire manufacturer would be the best defendant - however, it is plausible that the vehicle manufacturer could have played a role. The tire could, for example, have been mounted improperly or maintained improperly. In many accident cases, plaintiffs choose to file against multiple defendants, as one or more may be dismissed if the claim is unfounded.

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TX injury lawyerA head-on collision on State Highway 46 led to four people being trapped in two cars for some time until law enforcement could reach them. A pickup truck struck a sedan head-on and then rolled onto its side, while the sedan was too damaged for the occupants to escape. Eventually, the occupants were extricated and transported to area hospitals, but as of this writing, there is no word on their conditions. If you have been involved in an accident where you were trapped in your car, you may have a claim for compensation against not only the other driver, but also, potentially, against the manufacturer of your car - one should be able to escape the vehicle after an accident, not be trapped inside.

Defective Parts Are a Hazard

Product liability is the legal theory under which manufacturers, sellers, and distributors are held liable for injuries caused by the products they introduce into the stream of commerce. A myriad of car parts has been implicated over time in several fatal accidents, including steering columns, brakes, turn signals, and tires. Statistics from the Texas Department of Transportation (TxDOT) estimate approximately 3,600 accidents occurred in 2017 that could be directly attributed to at least one defective car part.

While product liability cases can sometimes be very straightforward, product liability cases that involve automobiles or car parts are almost invariably complex - there are simply too many moving parts that all might conceivably have played a role in an accident. If an injured plaintiff tries to sue in this type of case on their own behalf, they will very likely receive far less than they would if they engaged an attorney with experience in automotive product liability cases.

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Texas accident lawyerMost of the time, auto accidents occur due to human error. However, in a minority of cases, a mechanical problem or other internal issue with a vehicle can also play a role. These cases become more complex than a simple auto accident - if it can be proven that a part or parts of the vehicle were defective, you may be able to win compensation from multiple defendants, depending on the facts in your case.

Texas Product Liability Law

Perhaps the most important thing to keep in mind regarding product liability law in Texas is that it is a strict liability offense. This means that unlike in a standard personal injury case, negligence on the part of the defendant does not have to be established - if it can be shown that the defendant’s product (that they manufactured or, in some cases, sold) had a defect, and the defect had a part in causing the accident, they will be held liable for injuries suffered by the plaintiff. This does not mean that the plaintiff somehow has an easier mission; the standard of proof to establish strict liability is fairly specific and stringent.

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Posted on in Defective Products

Texas injury lawyerMost auto accidents are caused by human error, whether that error manifests as crossing a lane or causing another automobile to crash. However, sometimes, other forces may be responsible. One which is sometimes overlooked is that automobiles are products, like any other, including their constituent parts. It is possible to show, in some cases, that your auto accident could have been caused by a defective part. This can open up an entirely different cause of action than a standard negligence case.

Texas Product Liability

Texas has fairly specific standards regarding product liability, specifying the obligations of manufacturers and sellers toward the general public. It also holds that product defect cases fall under strict liability, which means that unlike with a standard negligence case, no causation is required to show liability. If a product is designed with an inherent defect, and that defect causes harm, then the manufacturer is liable. It would be too difficult to show causation if it were required to be proven in every single case, so Texas law eliminates that step.

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Texas injury attorney, Texas accident lawyerLearning your child has autism is tough for any parent. There are too many things to consider all at once: What is best for my child? Will he learn to read and write? Will she be able to be independent? How will this affect his future? While physicians and experienced teachers can provide parents with guidance, some parents turn to sources that claim they can treat children with autism or even cure them. However, the U.S. Food and Drug Administration (FDA) is reminding parents that there is no cure for autism and products on the market that claim to be a cure could pose a significant danger to your child.

Fake Cures for Autism Are Serious Health Risks

Some companies make claims that their products can treat an autism spectrum disorder (ASD) by improving the effects of the condition, or can cure autism altogether. It is not possible to cure autism at all. An ASD can affect an individual’s social skills, speech, and nonverbal communication, and often results in repetitive behaviors. Children who are autistic can display a range of symptoms and will have unique strengths and challenges. According to the U.S. Centers for Disease Control and Prevention, about 1 in 68 children are diagnosed with an ASD. The symptoms of the condition should only be handled by licensed physicians who can recommend certain types of education and therapy or prescribe medications when absolutely necessary. False cures and treatments not prescribed by a doctor are often substances that could pose serious health risks to children.

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The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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