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Where Can I Find Help for My Product Liability Cases in Texas?
Texas product liability cases can be extremely complex as well as frustrating for a victim. This makes it even more important to schedule a consultation with a lawyer who has a broad background in Texas product liability cases. In any situation in which a victim is seriously injured because of a product that functioned defectively, that victim should be prepared to file a defective product lawsuit.
Not every incident involving a product will necessarily lead to a lawsuit, but those in which the manufacturer, seller, or maker could be held responsible for defective design or marketing could lead to full and fair recovery of compensation for the victim.
Understanding the Statute of Limitations
There is a specific limitation period for filing defective product lawsuits in Texas. This means that if you were hurt by a defective product you need to file a lawsuit as soon as possible after discovering your injury. A product liability action refers to any lawsuit against a seller or manufacturer for damages associated with property damage, death or personal injury tied to a defective product. If you wait longer than this time period to bring your lawsuit it could be dismissed in court regardless of the severity of your injuries.
Furthermore, it’s always best to file a lawsuit when the facts of the case are clear to you and when you have the best chance of keeping the evidence, which is shortly after sustaining the injury directly.
Why Do I Need a Lawyer?
You may be interested in initially pursuing your defective products liability lawsuit on your own, but this can be a big mistake given the experience that defective product lawyers bring to the table. Someone who is knowledgeable about Texas product liability cases will have ample experience in representing victims in situations like this before and will be able to advise you about some of the most common pitfalls. Trying to manage a case like this on your own can easily become overwhelming or could expose you to unnecessary mistakes or frustrations.
On the other hand, an attorney experienced with Texas product liability cases can help you make sense of this complicated facet of the law and protect your interests so that you do not allow the statute of limitations to lapse. Defective products companies can be held accountable when you file a lawsuit but only when you have a knowledgeable attorney at your side and a lawyer who has walked you through whether or not you have grounds for a case.
Basics of Defective Products
Unfortunately, manufacturers can and do make designs when they produce, design or market consumer products. These errors might lead to malfunctioning of the product at a very minor level or even devastating injuries at a more severe level. If you've been injured by a defective product in Texas, however, you do have the right to file a lawsuit with the help of an experienced lawyer which might lead you to look for an attorney experienced with Texas product liability cases. You must meet the high standard of product liability cases to show that a defect exists and that it leads to the injuries you've sustained. In most cases this involves retaining a lawyer who has a strong background in product liability cases. There are three types of different product defects recognized under Texas law and you must meet at least one of these grounds in order to proceed with the lawsuit.
Failure to Warn
Products marketed under Texas law could be considered defective if the manufacturer does not provide enough instructions or proper warnings about its use. If the product needs to be used in a certain way to minimize injury risks, for example, that manufacturer must provide instructions stating the same. Failure to do so can lead to a product liability claim. For example, failure to warn could involve a medication that does not give proper instructions to people taking it about the dangerous side effects or a baby high chair that could fall down and cause injury to an infant if it is not appropriately installed. Instructions must be provided with most products that carry a potential injury risk.
Sometimes failure to warn is involved in the same case as design defects, but design defects can also stand alone as a cause of a product liability lawsuit. Even if a product has been made appropriately through the manufacturing process, if it has a defective design, it could cause injury to end users. If the product is deemed dangerous to any reasonable user the product could become the basis of a liability lawsuit. The Texas Civil Practice and Remedy Code explains that the plaintiff has to show that the design was unsafe, but this in and of itself is not enough to proceed with the suit. That same plaintiff must show that a less dangerous design could have been used but wasn't, that using that design would have been feasible from a technological and financial standpoint, and that this alternative design would have dramatically decreased the risk of injuries.
Understanding Manufacturing Defects
In some cases, a product might have been designed appropriately with minimal risk concerns in place. However, manufacturing defects can occur that alter the safety of the underlying product. Some of these defects are typically caused by errors in production or quality control and you do not have to meet specific criteria in order to prove that the defect in manufacturing is grounds for a liability claim but you must bring strong evidence of the defect itself. For example, tread separation in tires is an example of a manufacturing defect. Although the general statute of limitations for personal injury cases in Texas is two years, the statute of limitations for defective products is 15 years from the date of purchase. You might also have additional time added to your claim eligibility if the product manufacturer offers a longer warranty or if the injury itself had a delayed onset.
Knowing when and how to hire an experienced attorney is very important. One of the most common defenses brought by those accused of defective products is a claim that the buyer of the product did not appropriately warn the supplier about the issue that led to the alleged injury. You must be able to connect the product and its injuries to at least one of the parties who actually manufactured or supplied it. In some cases the plaintiff could also be accused of altering the product so as to make it more dangerous which ultimately caused the injury. In all of these circumstances, you need to be prepared for how to respond and how to protect your rights fully. Knowing that you have access to an attorney who has experience with Texas product liability cases can greatly increase your chances of a full and fair recovery.
Does a Lawyer Need a Lot of Experience?
Product liability cases share some elements in common with other cases involving injuries like premises liability or a personal injury case. However, there are also different kinds of issues at play in these sorts of cases making it important to find someone who understands your situation and can work within it to help you get better results.
With so much to work through, you can’t afford not to get help from an experienced attorney.
When you’re reading through the websites of lawyers who practice this area of the law in your location, make sure you see details about past products liability experience. If you’re taking on a big company or exploring the possibility of a class action, your lawyer should have familiarity with that, too. In short, your lawyer’s background really does matter, and it’s well worth considering in advance of hiring a firm.
Once you have a shortlist of firms to speak with, use the initial consultation as a chance to get to know them better. You can share some of the concerns you have about your case and present a timeline and evidence to get their perspective on your options. Most lawyers will give you an honest assessment of your legal claim, and you should use that information to decide if this is the right fit for you.
When you file any Texas product liability cases as a victim, you want to know that your lawyer is on your side and believes in the strength of your case. It’s a lot to consider to discuss these options and you want an attorney with a good reputation and system to follow when it comes to filing a legal claim.
If you’re concerned about your rights in one or more Texas product liability cases, use this opportunity to walk through your claim with the help of an experienced lawyer. The sooner you can speak with an attorney, the better chance you’ll have of pursuing a claim.
If you’re ready to take your first steps to hold negligent product manufacturers accountable, contact the experts at Morgan & Morgan for a free case evaluation to get started.