Product liability laws are imposed on manufacturers and retailers in a bid to ensure that they do not sell defective goods to consumers. Even with these laws in place, thousands of people still get injured every year due to product defects. Such products could be food, toys, utensils, vehicles, medication, and medical equipment, among others. This results in numerous product recalls by the federal government.
Product liability claims are not all the same, but they do all have one common element: a product must have caused significant harm to the plaintiff. Product liability claims can be broken down into three major categories which include:
These are the most common product liability claims. This type of product liability claim alleges that the product’s original design is entirely safe, but something went awry in the manufacturing process that made it unsafe. A manufacturing defect could arise, for example, from an error during assembly, which makes it perform differently than the rest in its line.
You might be eligible for a claim if you can prove that the product was defectively designed. Unlike in a manufacturing defect, in design defect cases, the product must have been manufactured as intended, but its design made it unreasonably unsafe or dangerous. There must also be a causal connection between your injuries and the product’s condition.
In some cases, the use of a product might have certain risks or dangers which are not apparent. The manufacturer of such products has a legal duty to provide sufficient warning or instructions to consumers. A manufacturer could face liability for marketing defects if:
A breach of warranty occurs when a product fails to meet the terms of a promise or claim made by the manufacturer or seller, resulting in potential harm or dissatisfaction for the consumer. This type of product liability case revolves around the failure to fulfill either an express warranty, which is explicitly stated, or an implied warranty, which is assumed by law, such as the expectation that a product will function as intended. Consumers may seek compensation if a product does not meet these promises, causing financial loss or injury.
Texas laws give you a maximum of two years from the time the injury occurred. However, the statute of repose dictates that you cannot file a claim 15 years after buying the product from the defendant.
Determining the liable party is one of the key elements in a product liability claim. This could be the manufacturer, seller, and/or anyone involved in the modification or repairing of the product. The seller covers everybody involved in the supply chain, including wholesalers, distributors, and retailers, even if they were unaware of the defect or they did not directly cause the defect.
In Texas, the standard of proof in a product liability claim is based on strict liability as opposed to negligence. This is because in this case, your personal injury attorney does not have to prove fault. Your attorney only needs to prove that the injury you sustained is as a result of a defective product. Therefore, it is critical that you gather as much evidence as possible after you’ve sustained the injury. Your personal injury attorney will help you determine whether the injuries are really as a result of the defective product.
The person who initially purchased the defective product is not the only one eligible for compensation. Rather, anyone who uses it in a sensible manner may file a lawsuit if injuries occur.
In Texas, you may be awarded compensatory damages, which include medical bills, lost income, and property damage as a result of using the product. You may also be compensated for pain and suffering, loss of consortium, and punitive damages.
If you have suffered a loss or sustained injuries due to a defective product, you owe it to yourself to find out whether you qualify for compensation. At Thompson Law, our experienced product liability attorneys are committed to pursuing justice for clients who have sustained injuries or whose property has been destroyed by defective products. We will perform a free case review and advise you on your legal options. Contact us today at 844-308-8180.
Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.
State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.
