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Case Number: 3:23-cv-00784
Judge: Ed Kinkeade
Court: United States District Court for the Northern District of Texas (Dallas County)
Defendant's Attorney: No appearance
Description: Dallas, Texas personal injury lawyer represented Plaintiff who sued Defendants on product liability theories.
Allegation in a petition or complaint that a produce is defective and unreasonably dangerous are not proof of defect.
Hart Consumer Products Inc. sells battery powered lawn, garden and hand tools.
Techtronic Cordless GP and Techtronic Industries North America, Inc.
is a world leader in cordless technology spanning power tools, outdoor power equipment, floor care appliances and accessories.
Product liability law is a body of law that governs the liability of manufacturers, sellers, and distributors for injuries caused by defective products.
What are the types of product liability claims?
There are three main types of product liability claims:
* **Strict liability:** This type of claim does not require proof of negligence on the part of the manufacturer, seller, or distributor. Instead, it is based on the idea that manufacturers, sellers, and distributors should be held responsible for the injuries caused by their products, even if they were not negligent.
* **Negligence:** This type of claim requires proof that the manufacturer, seller, or distributor was negligent in the design, manufacture, or distribution of the product. Negligence can be established by showing that the manufacturer, seller, or distributor failed to exercise reasonable care to prevent the injury.
* **Breach of warranty:** This type of claim is based on the idea that the manufacturer, seller, or distributor made a promise about the product that was not true. For example, if a manufacturer promises that a product is safe, but it is not, the manufacturer may be liable for breach of warranty.
What are the elements of a product liability claim?
The elements of a product liability claim vary depending on the type of claim. However, some of the common elements include:
* The product must be defective.
* The defect must have caused the injury.
* The injury must be foreseeable.
* The injured person must have suffered damages.
What are the defenses to a product liability claim?
There are a number of defenses that can be raised to a product liability claim. Some of the most common defenses include:
* The product was not defective.
* The defect did not cause the injury.
* The injury was not foreseeable.
* The injured person was contributorily negligent.
* The product was used for an unintended purpose.
What are the remedies available in a product liability case?
The remedies available in a product liability case vary depending on the facts of the case. However, some of the most common remedies include:
* Medical expenses
* Lost wages
* Pain and suffering
* Punitive damages
What are the steps involved in filing a product liability lawsuit?
The steps involved in filing a product liability lawsuit vary depending on the jurisdiction. However, some of the common steps include:
* Consult with an attorney.
* File a complaint with the court.
* Serve the complaint on the defendant.
* Exchange discovery.
* Depose witnesses.
* Negotiate a settlement.
* Go to trial.
If you have been injured by a defective product, you should speak with an experienced personal injury attorney to discuss your legal options.
Outcome: 04/14/2023 5 Order Transferring to Another District: Case transferred to Tyler Division Division of Eastern District of Texas. (Ordered by Judge Ed Kinkeade on 4/14/2023) (chmb) (Entered: 04/14/2023)
04/14/2023 Interdistrict Transfer to Eastern District of Texas Tyler Division; notice sent via email. All documents available electronically. If receiving court cannot upload, documents are available from PACER (record does not contain restricted documents). Counsel advised to file future documents in Eastern District of Texas Tyler Division. (ndt) (Entered: 04/14/2023)
04/14/2023 Case transferred from NDTX has been opened in Eastern District of Texas Tyler Division as case number 6:23-cv-179. (ndt) (Entered: 04/14/2023)