Staff

What is a warranty?

March 2, 2015

We all understand the idea of a promise, when you tell someone that you will do something you take on the responsibility to actually do it. You are bound to your words. Well, in Texas the warranty is much like a promise. If you buy a product from someone and they make a promise, it

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Defective Products and You: Contributory Negligence and Assumption of Risk in Strict Liability

March 2, 2015

So you have been hurt by a defective product, it may seem odd but it is not just the defective product that will examined thoroughly, your actions can come under sudden scrutiny as well. How were you using the product? Were you doing what an ordinary person would do? Strict liability is a doctrine which

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DTPA: Recovery of Damages

February 27, 2015

Under the DTPA, a consumer may recover “economic” or “mental anguish” damages for acts that meet the definition of “deceptive trade practices”. Additional damages of up to two times the plaintiff’s economic damages may be awarded if the defendant’s conduct was committed knowingly. With the current statute, if the defendant acted knowingly the trier of

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Texas Deceptive Trade Practices Act: An Overview

February 27, 2015

The Texas Deceptive Trade Practices Act was designed to protect consumers from being cheated. Courts have followed the mandate of section 17.44 to liberally interpret the DTPA consistent with its stated purpose, which was to “protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and

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