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What is strict liability?

In most cases involving a personal injury, Texas law applies what is called a negligence standard. In plain English, what this means is that for a victim to recover compensation, she must show that someone else acted carelessly and thereby caused her injuries. While negligence also plays a role in products liability cases, the law is actually a little bit tougher on manufacturers and others who design or build consumer products which turn out to be defective or dangerous.

Under the law, a standard called strict liability applies to manufacturers. What this means is that the victim of a defective product need only to prove that the product had a design or manufacturing defect. Even if the manufacturer took every reasonable step to make a safe product, the company will still owe compensation if its product hurts someone.

It is important for Longview consumers to remember, though, that strict liability is not the same as automatic liability. In other words, manufacturers do not have to pay compensation to all comers without question. Manufacturers can, and will, raise legal defenses in product liability cases.

For example, they may claim that a victim did not use the product as intended. Likewise, they may say their product did not cause the victim's injuries or may claim that the victim's injuries are simply not as serious as the victim is alleging.

The good news is that the law gives some extra protection to victims of defective products. The bad news is that manufacturers and their insurance carriers may still be reluctant to pay claims even if they are entirely legitimate.

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If you have been seriously injured or lost a loved one due to another's negligence anywhere in east Texas, call me, I can help. I will be the one personally handling your case, and you will be able to speak to me when you have questions throughout the process. You may reach my Longview office at 903-704-4375 or by sending an email to arrange your free consultation.

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