As a business, facing a product liability claim is daunting. This is especially true because Texas adheres to strict liability in product liability cases. This means that the focus is on the defect in the product, rather than the manufacturer’s negligence. But, this does not mean that your business is without defenses.
Strict liability exceptions
Strict liability does not apply if the only damage is to the product itself. In addition, cases involving financial losses alone require proof of negligence, rather than strict liability.
Unrelated injury defense
A primary defense is to argue that the plaintiff’s injury was not caused by the product. Demonstrating that the injury was due to another cause or preexisting condition can help protect against liability.
Altered product defense
Defendants can also assert that the product was altered after it left their control, which led to the injury. This defense implies that the original product design or manufacturing was not at fault, but the post-production alteration of the product.
Assumption of risk
If the plaintiff knowingly used the product despite being aware of its risks, the defendant can argue that the plaintiff assumed the risk. This defense is applicable when the product’s dangers were obvious or well-documented.
Comparative fault
Texas operates under a modified comparative fault system. If the plaintiff’s own negligence contributed to their injury, their compensation may be reduced proportionally. The defendant can argue that the plaintiff’s actions were partly (or even primarily) responsible for their injury.
Sophisticated user defense
This defense applies when the plaintiff, being an informed or skilled user (such as an industry professional), should have been aware of the product’s risks. Manufacturers are not liable if the user’s expertise should have led them to recognize and mitigate the danger.
Conclusion
Defending against product liability claims requires an in-depth understanding of Texas law. While strict liability shifts the focus to the product’s defects, several defenses can be employed to mitigate or eliminate liability.