What types of proof are required to establish a product liability claim?

In order to establish a product liability claim in Texas, the individual making the claim must be able to provide proof that the product was defective, and that the defect caused the injury for which they are seeking compensation. Two types of proof may be necessary to establish a claim. The first type of proof is known as “manufacturing defect” proof. This involves demonstrating that the product was designed or manufactured in such a way that it was defective and caused the injury. This type of proof may require gathering evidence that will show that the product was not manufactured according to industry standards or regulations, or that the design of the product was faulty or malfunctioned. The second type of proof is known as “warning defect” proof. This involves demonstrating that the product lacked sufficient warnings about its potential or possible dangers. This type of proof may require showing that there were reasonable alternatives to the way in which the product was presented, or that the warnings or instructions provided with the product were inadequate. In either case, the individual making the claim must be able to provide evidence of the defect that led to the injury, and evidence of how the defect caused the injury. Without this proof, a successful product liability claim in Texas will be impossible.

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