Is It Hard To Prove Negligence in a Product Liability Case?

 Posted on May 22, 2025 in Personal Injury

Any time you use a product you purchased, you expect it to be safe and effective. Unfortunately, that is not always the case. In Texas, victims of defective products have the right to hold the manufacturer responsible by seeking compensation for the losses they sustained, including the cost of medical expenses, lost income, and the pain and suffering they endured. 

When you work with an experienced El Paso County, TX product liability attorney with James Kennedy, P.L.L.C., they will help you navigate the legal process and ensure your claim matches the magnitude of your losses. More importantly, they can explain the complex laws that govern these cases.

How Does Strict Liability Impact a Texas Product Liability Case?

Under the Texas Civil Practice and Remedies Code, a product liability action refers to any action taken against a manufacturer or distributor to recover damages that arise from a personal injury caused by a defective product, including actions based on strict product liability. 

Personal injury claims typically require proving that the other party was negligent, meaning they failed to keep you safe despite having a duty to do so. However, in Texas, victims of defective products can often use strict liability theory, allowing the court to hold the manufacturer liable without proof of negligence.

Proving that a company or individual neglected product safety and design standards is often difficult. The manufacturing process is complicated and can require costly expert testimony. To avoid this process, Texas courts impose strict liability. Under this law, an injured party only needs to show that the product that caused their injury and damages was defective and hazardous. Whether or not the manufacturer was reckless is unimportant.

What Are the Elements of a Texas Product Liability Claim You Must Prove?

A strict product liability case does not require you to prove negligence, but you still need to provide evidence of the following:

• There was a defect in the product.

• The product was in the same condition from the time it left the manufacturer to the time you were injured.

• The defect made the product a danger to you.

• The defect was directly causal to your injury.

Each element is critical to proving that your injury traces back to the manufacturer. Additionally, Texas courts have ruled that you cannot file a product liability claim under strict liability rules in two cases: when the damage suffered was only financial, and when filing a lawsuit specifically for damage to the product. In these cases, you would have to prove negligence.

How Do You Prove a Product Is Defective?

In general, to prove that a product is defective, you would need to show that the product is inherently defective because of its design or that the defect occurred during the manufacturing process. Sometimes, a product can be designed and manufactured effectively, but the manufacturer fails to put an adequate warning on it, leading to improper use and injuries. An experienced attorney knows where to find evidence of the defect’s origins and how to connect it to your injuries.

Schedule a Free Consultation With an El Paso, TX Product Liability Attorney Today

If you or someone you loved was injured by a defective or dangerous product, speak with a Sierra Blanca, TX product liability lawyer at James Kennedy, P.L.L.C. today. We will investigate your case to find the evidence needed to prove your claim and help you identify the damages you could recover. Many factors can complicate these cases. Call 915-544-5200 to schedule your free consultation and start building your claim today. Se habla Español.