You buy products, household appliances, and toys trusting that manufacturers designed and produced them safely. You have every right to expect that the products you purchase are free of any defects that may severely harm you or your loved one. Unfortunately, that is not always the case. Everyday products can cause severe painful injuries that affect you for the rest of your life.
Product liability cases are complex. They require a lot of time and knowledge as to how the civil court system and statutes operate. If you or someone you love endured serious injuries due to a faulty consumer good, a Pearland defective products lawyer could help. By working with a seasoned injury attorney, you could improve your chances of a favorable resolution to your case.
Proving a Product Liability Case
Product liability claims can arise from a variety of circumstances. Many consumer injuries occur due to inadequate instructions, insufficient or non-existent warning labels, or flaws during the design or assembly process.
You could also file a legal action in this state because of a breach of warranty of fitness, negligence, or strict liability. An experienced Pearland attorney could help you determine the grounds on which to file a defective products claim.
Warranty of Fitness
Warranty of fitness is the manufacturer’s guarantee that they understand how a consumer plans to use the product and meet their expectations. If their product does not meet those expectations, and a consumer sustains an injury, they can file a lawsuit under those terms.
Negligence can involve many aspects from the design until a clerk placed the product on a store shelf. Mistakes during material testing and inspection, manufacturing, packaging, and issuing warnings and instructions could all be considered acts of negligence.
The strict liability statute requires that the injured party demonstrates that the defective product caused their injuries. If a plaintiff can successfully prove that one point, they have made their case.
What is the Statute of Limitation for Defective Products Cases?
Under Texas Statutes – §16.003, the statute of limitations for product liability cases is two years. Meaning, if the plaintiff does not realize they sustained harm until a later date, the law would not begin to run until they discover their injuries. In some cases, the civil courts may also grant exceptions for the discovery rule.
The statute of repose specifies a separate window of time from the date a customer buys a product that people can bring product liability claims against the manufacturer or distributor. In Texas, the statute of repose for product liability claims is 15 years from when the consumer purchases the product.
The statute of repose is another law in this state that exists separately from the statute of limitations. The regulation of repose starts running on the date of purchase, and the purchaser has 15 years to file a liability claim from the date the product was first sold. A product liability lawyer in Pearland could help you ensure you file the lawsuit with the court within the statute’s time limits.
Seek Guidance from a Pearland Defective Products Attorney Today
Whether it is a manufacturing defect, inadequate assembly, or missing safety warning that resulted in your injuries, you deserve fair compensation for the damages you suffered. A skilled Pearland defective products lawyer could provide essential guidance and ensure you are treated fairly throughout the civil process. Call our office today to learn more.