Product liability refers to the legal responsibility a manufacturer or distributor has if their product causes harm. If a product you are manufacturing or distributing has an unexpected defect or danger that leads to injuries, the injured party may pursue a personal injury claim against your company. They become the plaintiff in this case, and you would have to assume the role of the defendant to defend your company. Remember, just because they got the injuries from or while using your product, does not necessarily mean you are liable for their injuries.
When the product user is liable for their own injuries
Sometimes, it is not the product but the way it was used that leads to an injury. Here are situations where the person using the product might be at fault:
- Misusing the product
- Ignoring safety warnings and instructions
- Modifying the product and then sustaining injuries as a result
- Using the product in a reckless or negligent manner
In these cases, the responsibility for the injury may shift from the company to the individual who did not follow guidelines or used the product irresponsibly. Additionally, if the user knew the risk and still proceeded to use the product negligently or recklessly, your company might not be liable.
How the comparative fault rule can help your company
Texas follows a “modified comparative fault” rule or what the state refers to as proportionate responsibility. If the injured party is more than 50% at fault for the injuries they sustained while using your product, they cannot recover damages.
You worked hard to create safe products, but accidents can still happen, often resulting in injuries. It is not a given that your company is liable for all injuries involving your products. You cannot go to each household and teach them exactly how to use your products—that is what manuals and instructions are for.