Pursuing a Longview Injury Lawsuit Tied to a Defective Product
When it comes to hiring an attorney because of a personal injury received from a product, you need to know that certain facts need to be proven in order to successfully recover damages. In a Texas injury lawsuit, including an injury lawsuit in Longview, Texas law dictates that the product, either by negligence or intent, must be linked directly to your injury and the costs associated with the injury.
To begin with, you need to establish negligence on the part of the product manufacturer. For your injury lawsuit in Rusk County you first have to prove three factors were at work:
- The company that manufactured the product that caused your injury owed you a duty not to injure you, but did not live up to that duty
- There was a connection between the company and its duty to you and your injury
- You suffered damages as a result of the injury (such as an inability to work, or you incurred medical expenses)
Note that a judge and jury considering an injury lawsuit in Marshall or anywhere else in Texas will also look at whether you were careless yourself. For example, if you had a medical device implanted in you, but you went against instructions from your doctor and played sports that caused the product to malfunction, your award may be reduced according to Texas comparative negligence law. Should the judge in that case find your physical activity was more than 50 percent responsible for the injury, you may not be able to collect for any damages associated with the product and injury.
Assuming that was not the case, that the product malfunction was entirely responsible for the injury, your case may fall under the Texas definition of strict liability. This means that the product was unreasonably dangerous if you can prove this full chain of events:
- The product that caused your injury was made by a company whose business included making and selling this product
- The product was in a defective condition and unreasonably dangerous when sold
- The product was intended to reach you in the condition in which it was sold without substantial change
- The product was not fit for its intended use or a reasonably foreseeable use at the time it was manufactured and shipped
- The defective product caused your injury
- You suffered physical and property damages as a result of the injury
For help with a Rusk County injury lawsuit speak to an experienced attorney
The law strives for fairness throughout its jurisdiction, but the lawyers available to work with you have different degrees of experience. Speak to one of our skilled attorneys for all your personal injury needs. We have the type of experience and proven results that can put you in good stead for your injury lawsuit in Tyler, Carthage, Marshall, Longview, Rusk County, Upshur County, or anywhere in East Texas.
To learn more about the services we provide, contact Boon, Shaver, Echols & Coleman, P.L.L.C. today.
