Heath, TX Defective Products Lawyers

What Does a Product Liability Lawyer Do?

A product liability lawyer is your legal advocate in cases where you’ve been injured or suffered harm due to a defective product. Their primary role is to investigate the incident, build a strong case and pursue compensation on your behalf. This involves determining which party is responsible for the defect and proving that their negligence led to your injury or illness.

When you work with a Heath product liability lawyer from Fielding Law, we will:

• Investigate the incident to gather evidence, such as product testing, expert opinions and accident reports.
• Research the case to see if there have been recalls or prior complaints that support your claim.
• Contact the product manufacturer’s legal team to open a dialogue and potentially settle the claim out of court.
• Identify any defects in design, manufacturing or marketing that led to your injury.
• Work with experts who can testify on your behalf about the product’s defect and its role in your injury.
• Negotiate settlements with insurance companies or manufacturers to ensure you get fair compensation.

Call (214) 661-1537 to schedule a FREE consultation or fill out a contact form

What Types of Products Can Be Defective?

Many different types of products can be defective, leading to injuries or illnesses. Common examples include:

• Toys that may have small parts posing choking hazards.
• Tools with faulty safety features that cause accidents.
• Medical devices that malfunction, leading to complications or injuries.
• Food products that are contaminated or improperly labeled.
• Vehicles with design or manufacturing flaws that lead to accidents.
• Household appliances, such as refrigerators or heaters, that malfunction and cause fires or injuries.

If you believe a product you’ve used is defective, it’s important to contact a lawyer for help. A Heath defective products lawyer can help you determine if you have a case and guide you through the legal process.

How an accident attorney can handle other insurance companies:

What Are Examples of Common Causes of Product Liability Claims?

There are three primary types of product defects that lead to liability claims: design defects, manufacturing defects, and marketing defects. Each of these defects can lead to dangerous situations and injuries.

Design Defects

A design defect occurs when the overall design of a product makes it inherently dangerous. Even if manufactured correctly, the product is unsafe due to its design. For example, a medical device may lack critical safeguards, making it harmful to use.

Manufacturing Defects

A manufacturing defect happens when an error occurs during the production of a product. These defects are not part of the original design, but the mistake during manufacturing makes the product unsafe. For instance, a tool may be designed safely, but if it’s made with faulty materials, it can become dangerous.

Marketing Defects

Marketing defects refer to the way a product is advertised or sold. If a manufacturer fails to provide adequate instructions, warnings or safety precautions, consumers may use the product incorrectly or unknowingly, leading to harm.

How Do You Prove a Product Liability Claim?

To successfully pursue a product liability claim, our Heath defective products lawyers will help you establish three key elements:

1. The Product Is Defective: We must prove that the product was indeed defective, whether by its design, manufacturing or marketing.
2. You Used the Product as Intended: You must have been using the product as it was meant to be used when the defect caused your injury.
3. The Product’s Defect Resulted in Your Injuries: We must show that the defect in the product directly caused your injury or illness.

At Fielding Law, our lawyers are experienced in handling product liability cases, and we know how to build a strong case to support your claim. 

How Long Do You Have To File a Product Liability Lawsuit in Texas?

According to Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date the defective product caused your injury or illness to file a product liability claim. However, if you didn’t know about the injury right away, the statute of limitations gives you two years from the date you discovered the injury or illness.

Missing the Deadline To File Your Claim

If you miss the statutory deadline for filing your product liability lawsuit in Texas, your case can be dismissed. This means the judge may reject your case, or the defendant can ask for a case dismissal, and you could lose your right to compensation. 

After dismissal, even if your case is strong, the defendant won’t be held accountable for paying damages. As a result, you may lose any leverage you have in negotiating a settlement, including with the insurance company. To avoid this, it’s essential to file your product liability case as soon as possible to avoid any legal complications.

Understanding the Statute of Repose

In Texas, there is also a 15-year statute of repose for product liability claims. The statute of repose limits how long you can file a claim after a product is released into the market. Even if a product caused injury years later, the statute of repose may prevent you from filing a lawsuit if more than 15 years have passed since the product was released or sold.

For example, if a toy company sold a product 20 years ago, and someone is injured after taking the toy out of its box for the first time, the statute of repose might protect the company from lawsuits.

In some cases, exceptions may apply, and a defective products lawyer can help evaluate whether your case is still within legal limits.

Heath Product Liability Lawyers Are on Your Side

Product liability claims in Texas are subject to complex laws and rules, and manufacturers often have large, well-funded teams of attorneys and experts working to avoid liability. At Fielding Law, we have the experience and resources to fight these powerful entities. We will help you pursue your case while you focus on recovering.

If you live in Heath, TX, and have been injured by a defective product, contact us to set up a free case evaluation. Our defective products lawyers are ready to help you seek justice and compensation for your suffering.

What Clients Say About Us:

“Mitch poured his heart and his soul into our family and offered a piece of himself to us! We are forever grateful for all of the help that Mitch offered our family! He is one of a kind! We would highly recommend him and would be happy to speak with anyone who would like to inquire about the quality of his services!” -Jane & John Lacasse