Your Business and Product Liability

One of the most destructive things that can hit a small business is not a natural disaster, but actually a product liability claim. Defective products cause thousands of injuries across the U.S. every year. Product liability law governs who is responsible for dangerous products and differs from other injury law in that it is easier for plaintiffs to recover damages.

Product Liability

Product liability is a manufacturer or seller being held liable for allowing a defective product to reach consumers. All sellers in the distribution chain of a defective product are responsible if that product causes injury.

A Product Liability Claim

To be said in very plain terms, any product must meet the ordinary expectation of the consumer. A product that has an unexpected defect or danger is not considered to meet the ordinary expectation of the consumer. No federal product liability law exists, but product liability claims in Texas are brought under the state’s theories of negligence, strict liability, or breach of warranty.

Responsible Parties

Any person, whether or not they were the purchaser of the defective product, who foreseeably could have been injured by the product can recover for his or her injuries. The only stipulation is that the product had to be sold to someone. Responsibility could lie anywhere in the product’s chain of distribution including:

• Manufacturer
• Wholesalers
• Retailers
• Party who assembles of installs product

Speak with an Austin Business Lawyer

If you are a small business owner who is facing a product liability claim, you need the advice and support of a law firm who knows business. Contact the Austin business lawyers of Slater, Kennon, & Jameson, LLP at 512.472.2431 to speak with an attorney who knows how to take care of your business.