Manufacturers of consumer products have a legal obligation to ensure their products perform as advertised, meet all applicable industry regulations, and contain adequate instructions and safety warnings for users. If a person suffers an injury from a defective product, he or she can pursue compensation for the damages through a product liability claim. Product liability claims can be very complex, and the right attorney can make a dramatic difference in the outcome of a plaintiff’s case.
At Fielding Law, we have experience handling cases in various practice areas, including product liability law. It’s crucial for injured victims to know their rights and understand the steps to take after an injury from a consumer product. Time is also a critical factor because a newly discovered defective product can help prevent injuries to other consumers by alerting the manufacturer of the risk as soon as possible. Most product manufacturers who identify defective products will issue recalls to have those products returned.
Proving a product liability case is often a complex process requiring a great deal of experience and expertise. Should your case require going to trial, you will want someone familiar with the courtroom and experienced in product liability claims. Additionally, your attorney will have the understanding to determine all the parties who may be responsible in a product liability case. While anyone can bring a product liability claim, having a lawyer greatly improves your odds of receiving the compensation you are entitled to after an injury.
It’s essential for anyone who has suffered injuries from a defective consumer product to act quickly to protect their rights and increase the chances of succeeding in a product liability claim. The right attorney can make a tremendous difference in the outcome of a product liability case. If you or a loved one has suffered injuries from a defective product in the Dallas area, contact our office to find out more about how we can help. We offer free case evaluations to new clients and afford every one of our clients direct access to one of our attorneys. Reach out to our Dallas office to schedule your free consultation today with one of our premier Dallas Personal Injury Lawyers.
Products can be defective in one of three possible ways:
Some manufacturers may attempt to deflect liability for a consumer’s damages by claiming the individual did not use the item correctly, or assumed an acceptable level of risk in use of the product. It will be up to the plaintiff’s attorney to prove that the manufacturer is liable for the plaintiff’s damages. Unlike personal injury claims, the plaintiff’s attorney does not necessarily need to prove that a manufacturer was negligent, only that the product in question was indeed defective and the defect caused the plaintiff’s injuries.
To file a product liability claim, you must have suffered a loss or suffered an injury in some way. While a product may have been defective, if you suffer no actual loss, you cannot pursue a claim for any damages.
However, if a defective product injured you, the manufacturer or distributor may owe you compensation. You do not need to own the defective product to pursue a product liability claim. For example, if you were riding in a friend’s car and a manufacturing defect resulted in your injury, you may pursue compensation for your injury even though you were not the owner of the car.
You also do not have to have been using the product that injured you. If you were walking down the sidewalk and a landscaper is using a defective lawnmower that breaks, causing you injury, you could receive compensation from the mower manufacturer even though you did not own the defective product and were not using it at the time you suffered the injury.
Anyone who has suffered an injury by a product that was defective – and used in the way the manufacturer intended – may file a product liability claim for compensation.
Injuries from defective products are similar to other personal injury cases in Texas. You may seek compensation for medical expenses, lost wages due to missed time at work, and rehabilitation costs. Additionally, you may seek compensation for pain and suffering, mental and emotional pain, and disfigurement. If a product killed your loved one, you may also seek damages for loss of companionship and the wages your loved one would have earned.
The manufacturer of a defective product is generally liable for any injuries from their product’s defect. However, there are other parties who may be responsible – either in addition to the manufacturer or as the sole negligent party. Anyone in the supply chain of the product is responsible for ensuring the products they sell are safe for use. This extends all the way to the retailer who sold you the product in the store. While retailers would have you believe that only the manufacturer is responsible for defective products, they, too, have a responsibility for the products they sell to the public.
In a defective marketing product liability claim, the store may be the only organization responsible in the claim. If store signage or a store employee makes an untrue claim about the product that turns causes harms, the store may be liable for defective marketing.
With product liability claims, the statute of limitations in Texas is normally two years from the date of your injury. While this may seem like a long time, product liability cases can be very complex and take time to establish the facts and merits of the case. There may be others who suffered an injury also. For that reason, it is usually a good idea to begin the process of pursuing a product liability claim as soon as possible after your injury. This gives you the best opportunity to gather your evidence and prove your case. If you fail to meet the deadline, you may have your case dismissed, even if the evidence of your case would ordinarily merit compensation. By beginning the process quickly, you avoid the risk of missing out entirely on compensation due to a missed deadline.
Texas Civil Practice and Remedies Code Chapter 82 discusses the state’s products liability laws. Navigating the law is our job, but we understand that most clients want to know as much as they can about laws that may affect their claims. We’re more than happy to meet with you during a free consultation about your claim to answer any questions or concerns you may have about your specific case. In the meantime, some of the state product liability laws we believe you should know as a consumer are as follows:
Our lawyers can help you analyze Texas’ product liability code, abide by the rules, and maximize your odds for compensation. Hiring an attorney to represent your case can significantly improve your chances of success. For more information about the specific laws and codes that may apply to your product liability claim, contact Fielding Law.