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Inherent Warranty of Merchantability


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For anyone deciding whether or not they should file a claim for injuries sustained by defective medical devices, it’s important to remember that manufacturers of medical equipment have a responsibility to ensure that their products are safe for use. This is called the inherent warranty of merchantability.

What is Inherent Warranty of Merchantability?

Generally speaking, all products produced and sold in the state are subject to an inherent ‘warranty of merchantability.’

Basically, this concept requires that manufacturers ensure that their products will be fit for the purpose they are advertised for, be packaged and labeled appropriately and be in the condition to do what the labels and packaging claim they will do.

This is true of medical devices as well, though perhaps in a bit more complicated context. This is because medical devices aren’t generally sold to the public at large, but to health care companies or professionals for their use on patients.

Medical Professionals are Held to a Higher Standard in Personal Injury Cases

It is important to remember that medical professionals are generally held to a higher standard in many cases than other defendants in injury cases. Further, when discussing defective medical equipment that has caused injury, there is the possibly of multiple defendants, including the health care profession utilizing the device, the hospital or other organization in which the device was used and the manufacturer of the device. In these instances, legal professionals with experience in such complex litigation may be an asset to an injured patient.

Navigating the fairly complicated morass of defective medical device litigation can be confusing and stress-inducing, to say the least. However, there are experienced Texas legal professionals who have handled such cases and know the ins and outs of the system. Those who wish more information on products liability or other personal injury cases are welcome to contact us for a free consultation.

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