Do you know the product you have just bought can cause serious injuries or, even worse, death? Let's face it; defective products are all over the market, and consumers are at risk of getting hurt. But who should be sued for injuries from a defective product?
According to the insurance department, 800 Texas products liability lawsuits are filed every year. Luckily, Texas liability law protects the injured party through compensation. However, dealing with a product liability claim is not easy since the defendant will do everything possible to deny the claim.
So, to get the justice you deserve, you need a product liability lawyer to help you determine who is responsible and make them accountable. At Glenn Law Firm, we will assign you one of our best product liability attorneys to help you get justice by making responsible parties pay for their mistakes.
What Are the Common Types of Product Defects in Texas?
Any product made to meet consumer needs poses a potential danger and can cause severe injuries or damages. Thousands of people have gotten injuries, including; traumatic brain injury, eye injuries, back and neck injuries, or even death. However, the most common defects in Texas include design, manufacturing, warning, and marketing defects.
Design defects arise when product specifications do not focus on safety. When the product design is lacking, the final product will cause harm to the consumer. Many design flaws, especially in power tools, happen when essential items that could eliminate possible consumer threats are not incorporated.
Products can have manufacturing defects if things do not go as planned during the creation and assembly stages. A product with manufacturing defects usually does not follow the intended design and develops problems during usage.
Some of the products consumers buy are not entirely safe. For instance, a blender comes with sharp blades that can cause harm if not handled with care. Such products do not have design defects but are strategically designed to reduce risks as much as possible and come with adequate warnings and instructions.
If the product does not have warning instructions, it is said to have warning defects.
Marketing defects entail how a product is being introduced to the consumer. Suppose a marketer used deceptive marketing strategies and failed to demonstrate how a product should be assembled or warn consumers of possible risks. In that case, the product is said to have marketing defects.
Who Is Held Liable for Defective Products in Texas?
The plaintiff has the right to sue anyone who had a hand in designing, manufacturing, or selling a faulty product. The plaintiff can be the person who purchased the product, any other user of the product, or an innocent passer-by who was injured by the product.
Here are several defendants you could sue in a product liability lawsuit;
The manufacturer is anyone who designed, assembled, or processed a product and introduced it into the market. However, the manufacturer is not responsible if a third party alters the final product before reaching the consumer.
A product seller can be held responsible if they had a role in product design or provided incorrect information about the product. Additionally, if the seller knew the product was defective but went ahead and sold it, they will be completed under Texas law to pay for the damages and injuries.
Component manufacturers are held responsible for the part they provided that caused an accident. For instance, if a manufacturer provides car tires, but the engine caused an accident, they are not liable for any injuries caused.
Company With Its Label on the Product
If a company is not the manufacturer of a product but puts labels to appear they produced it, they are held responsible if anything goes wrong. However, if the company notifies the consumer of being only a retailer, the plaintiff cannot be held liable.
Things to Prove in a Product Liability Claim in Texas
If you are injured due to a defective product, you should seek help from a product liability law firm. You should be aware that even if a defective product causes personal injuries, it does not automatically mean you should be compensated.
To prove a defective product claim and consequently obtain a product liability compensation, you need to verify that the product had manufacturing, design, marketing warning defects. However, the case is placed on the theory of strict liability if the defects are against a manufacturer.
A plaintiff must prove the defendant's negligence in such a case, including the following.
- That the product had dangerous defects like manufacturing, design, or warning defects
- That the defective product in question was unreasonably dangerous
- That the plaintiff suffered a defective product injury
- You followed instructions when using the injury-causing product just like a reasonable person would do but still got hurt.
If you claim that the product had design defects, you must then prove that alternative design that was economically feasible that the product designer ignored. Additionally, a plaintiff must prove that the manufacturing process did not comply with federal safety standards when the product was being produced if they have a manufacturer defect claim.
For the warning defect, a plaintiff must prove that the manufacturer knew or should have known that the product may cause harm but failed to do so.
Duration to File a Product Liability Claim in Texas
The statute of limitation in Texas is two years from the injury that occurred when the consumer filed the claim. On the other hand, the statute of response has a time restriction of not more than 15 years from the day the plaintiff bought the product.
However, if the symptoms of your injury appear after the period has lapsed, an experienced product liability attorney will help you extend the time frame.
The product liability statute in Texas allows the plaintiff to file for negligence and implied warranties against the defendant. Once a defective product injures a person, Texas courts can also categorize the case as a breach of warranty.
A breach of warranty applies if a product is guaranteed to perform in a certain way but fails. Warranty is categorized into four states; implied warranty, express warranty, merchantability warranty, and fitness warranty.
Express warranty responds to a promise a manufacturer or seller gave that the product may perform in a particular way. On the other hand, a warranty of merchantability guarantees that a product is free from improper labels, manufacturing, or design defects.
On the other hand, an implied warranty of fitness occurs when a consumer requests a product suitable for serving a specific need, but the seller delivers an inappropriate product.
Product Liability Compensation
Once your defective product attorney proves the elements of your case, the defendant will be ordered by the court to pay you. In that case, the defendant's insurance company will pay for all your medical bills, loss of income, mental distress, property damage, physical pain, or other sufferings you may have endured.
Product Liability Attorneys in Texas
Products liability lawsuits can be complicated especially proving that the product had manufacturing, design, or warning defects. However, our defective product attorneys at Glenn Law Firm will make the process easy and hold your hand until you get fair compensation.
You did nothing wrong; hence the guilty party owes you financial compensation, especially if you suffered a loss of income, punitive damages, and have medical bills to settle.
Our experienced and knowledgeable lawyers know the tiny but crucial details of Texas personal injury law and use them in your favor. They will boldly use the law to defend you from the defendant's insurance company either in an out-of-court settlement or before the jury.
Our lawyers will work tirelessly on your product liability case and ensure you get the justice you deserve. Give us a call today, and an experienced attorney will be waiting to discuss your case details and the best course of action to take.