When an accident happens, it sometimes can go under the heading of “well some things can’t be helped”. That is not always the case, of course, and one area that has grown in accident injury lawsuits in Houston are those involving defective products. These are products that have not been properly designed to protect those who use the product exactly as instructed. These cases are taken by Accident Injury Attorneys and they will seek damages by proving the designers’ or manufacturers’ strict liability in creating or producing an unsafe product.
When a product is used as it was intended according to the instructions the manufacturer includes with it and an injury occurs, negligence does not need to be proven by the accident injury attorney. The fact that it did not perform as advertised due to an improper design or manufacturing defect is what the accident injury attorney will want to prove. There have been many instances of this kind of poor design leading to injuries – sometimes many before a recall is ordered. In these cases, the liability was found to be squarely on the manufacturer.
Another area besides products improperly manufactured causing physical injuries may be an accident caused by someone using a prescription drug not properly designed. It may have a side effect that could lead to an auto accident, trip and fall, or even fatalities such as the ones reported due to the drug Posicor and its interactions with antihistamines and antibiotics. An injury or fatality in such cases have been compensated for without any negligence being found. The manufacturer has a duty to produce a safe product and thus can be held strictly liable in these cases.
The Houston accidents injury attorneys at the Lassiter Law Firm have won cases in both strict liability lawsuits and those that involve negligence of a person or company not performing up to the accepted standards. If you or a family member have suffered an injury due to any accident consult with us and we will take steps to gain justice for you.
The person physically injured in an auto accident through no fault of their own can bring legal action against the person that caused the accident. Many auto accidents may be the source of this kind of tort claim by an injured party. The auto accident attorney in this case will need to prove that the other driver is at fault for the accident and, as a result, the injured party is owed compensation. In the state of Texas, the at-fault driver and their insurance company are liable for damages when negligence can be demonstrated by an auto accident attorney.
Every driver on the road has a duty to show reasonable care while operating an automobile. Violations of the law such as speeding, running red lights, or operating under the influence of drugs or alcohol is certainly a violation of that duty. But less egregious violations such as texting while driving or dozing off behind the wheel due to lack of sleep can also be seen as violations of that duty, especially when an accident has occurred.
In any of the examples mentioned above, an auto accident attorney in Houston will be charged to show the following:
The at-fault driver owed the others involved a duty of reasonable care.
They breached that duty by their actions.
Injuries were caused to others due to those actions.
If these facts are proven, then the driver and their insurance company will be liable for damages incurred by the injured parties. That is the basis of auto accident injury lawsuits – proving that the duty to show reasonable care was violated and pain and suffering have occurred.
The Lassiter Legal Team is experienced in going through each part of an auto accident and discovering if your rights have been violated by another driver’s breach of duty to show reasonable care while on the road. Contact the firm if you or a family member have been injured in an auto accident today and get help from our team of experts in this area of law.