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Defending Against A Product Liability Lawsuit In Texas


If your company is facing a product liability lawsuit in Texas, your next steps are extremely important. This lawsuit may have the power to bankrupt your business, or it may irrevocably tarnish your reputation. Fortunately, there are a number of ways you can address this situation in an effective manner. By utilizing the best defense strategies, you can protect the financial well-being of your company and continue to contribute to Texas’ economy.

Of course, your first step should always be to get in touch with a team of qualified, experienced defense attorneys. Once you team up with these lawyers, you can start to establish a winning strategy. During an initial consultation, you can discuss your unique situation, and your attorneys can determine the best way forward. It’s best to connect with lawyers who understand local Texas laws if you are facing a product liability lawsuit in Texas.

What Does the Plaintiff Need to Prove?  

In order to formulate an effective defense strategy, you must first understand what the plaintiff needs to prove. Remember, the burden of proof is on them. If they cannot prove their case, the court cannot rule in their favor. In order to prove that you were negligent, the plaintiff must prove that:

  • They suffered legitimate injuries or loss of property
  • Your product was defective in some way
  • These defects caused their injuries
  • They were using the product in a “reasonable” manner when the injuries occurred

Potential Defense Strategies  

One of the most basic and obvious defense strategies is to show that there was no link between your product and their injuries. Perhaps their injuries were actually caused by something else entirely. For example, your company might sell power tools. If someone was carrying your power tool while they slipped and fell on a chunk of concrete, the tool itself obviously had nothing to do with the injury.

Another strategy might be to show that the plaintiff was not using the product correctly. For example, let’s say your company manufactures chainsaws. If someone uses your chainsaw to slice a loaf of bread, they are obviously using the product in an unreasonable manner. As a result, you would not be held liable for any injuries they sustained.

The risk-utility test is another potential defense strategy. If your product passes the risk-utility test, it means that its utility outweighs its potential to cause harm. If we use the chainsaw example once again, it’s obvious that this product is capable of helping workers cut down trees at a much faster rate than an axe. While it’s true that chainsaws are inherently dangerous, their utility outweighs these concerns, making them perfectly acceptable for use under the correct circumstances.

Enlist the Help of a Qualified Attorney Today  

Our dedicated team of Brownsville product liability defense lawyers at Colvin, Saenz, Rodriguez & Kennamer, L.L.P. can help you with your case. Over the years, we have helped numerous organizations in Texas approach this difficult situation in the most confident, efficient way possible. Book your consultation today, and we can discuss your legal options in greater depth.

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