Add a Last a Name Field Legal Texas Product Liability Forms For Free

There are three common elements to all product liability lawsuits, regardless of the legal theory that the lawsuit is brought under. The lawsuit must involve a product, the product must be found to be defective, and the product defect must be found to be the proximate cause of the injury.

The legal principles that underpin product liability include negligence, where a manufacturer fails to exercise reasonable care; strict liability, which holds manufacturers accountable for defects regardless of care level; and breach of warranty, which focuses on a product's failure to fulfill its stated promises.

Texas follows strict liability in product liability cases. This means that a manufacturer could be held liable for any injuries caused by a defective product, even if they were not negligent in the design or manufacturing process.

Non-Exclusion of Liability Producers of products may not provide terms by contract, excluding or limiting liability under the legislation. An indemnity and exemption clause in a contract between producers and wholesaler is valid. However, this will not affect or limit the liability of the producer to the consumer.

(1) A product liability action cannot be brought against the product seller if, at the time of harm, the product was misused, altered, or modified.

In general, an injured party must prove that the product was defective or dangerous at the time when it left the possession or control of the defendant. The seller is not liable for injuries caused by parties' mishandling or other actions that make the product harmful at the time it was consumed by the purchaser.

Affirmative defenses to strict liability break down into two categories: those based on the product, and those based on the plaintiff's behavior. The defenses that focus on the product are modification and misuse.

Product liability claims generally must meet four elements for strict liability to apply: The plaintiff must be a merchant. This means someone who routinely deals in goods of the type at issue. The product must be defective. No changes. The plaintiff must be using the product in a foreseeable manner.

You write a product disclaimer by following these steps: Identify the products that your disclaimer applies to. Write a limitation of liability by stating that you are not responsible for potential damages suffered from using your product. Note the type of warranty or lack of warranty that applies to your products.