You assume that all the products you use at home, work, or play are designed with your safety in mind. No one thinks that a manufacturer designs a product to fail or cause injury, but injury happens all the time. Therefore, the makers of automobiles, children’s products, sports equipment, and many other companies have their products recalled.
This is at the core of the Texas product liability law, which tries to protect consumers against defective product design or manufacturing. Product defects have a direct relationship to personal injury claims, since the injuries from these products can cause minor to extremely severe injuries. This is where a product liability lawyer can help.
Legally, there are three distinct categories of product defects. Simply, they are:
A simple example of this is the plastic wrapping used in all kinds of packaging. Even though the design and manufacturing of the packaging are fine, you still need to be legally warned of the non-obvious risk of suffocation. This example is simple and easy to see, but many are not. Equipment used for certain tasks (chain saws, nail guns, etc.) may cause serious injury or death, and their proper use needs to be specifically outlined by the manufacturer.
You begin to see that getting compensation for a defective product is usually not as simple as you may have thought. Discussing all the details of your case with your Edinburg or McAllen personal injury lawyer, experienced in product defect law, will be of immense help in getting the funds you need to recover fully and get back to your normal life.
It’s especially important to note that under Texas law, if you have been injured by defective products, you have a limited time to gather evidence regarding any defects. The statute of limitations for defective product liability cases is 15 years from the date that the product was sold. If the seller guarantees the product can be safely used for a longer period, however, then this defense may not hold up in court.
There are certain exceptions for cases in which you, the victim, did not encounter the product within these 15 years or in cases when you developed a serious medical condition or disease that did not manifest symptoms during this period.
You, as the injured, may have had no idea that a product was defective until you sustained serious injury. Then, you will have a lot of questions, such as who can be held responsible and are you entitled to compensation. You and your Hidalgo County personal injury attorney will thoroughly review the circumstances of your case, analyze all the possible liabilities, and answer all your questions.
Usually, product liability claims are presented to the Texas courts as personal injury claims. So, much of the time the same requirements will need to be met for you to receive the successful compensation that you deserve.
Some of these requirements are:
If these four conditions are found to be met, then you and your injury lawyer may have solid grounds for a claim.
In summary, these types of product defect injuries, unfortunately, happen all the time. With the right group of Hidalgo County injury attorneys by your side, you could end up with significant financial compensation for your physical and mental pain, as a result of the defective product.
Keep in mind that most companies are diligent, but you shouldn’t have your life altered because they betrayed your trust.