When we buy something, whether it’s $10, $1,000, $10,000, or more we expect that it is safe to use for the purpose intended. We don’t expect that a product is defective and only discover the defect after an accident.
A product-related injury can be traumatic, especially if the resulting injuries are serious. Defective products put a user in danger of severe or catastrophic injuries and sometimes, death. For this, you may be able to file a claim to seek compensation from the manufacturer or other party involved.
Determining Responsibility
The fault for defects generally falls into one of three categories:
• Design, whether one component or an overall bad design that makes the product unsafe
• Manufacturing, when an error happens during the manufacturing process that renders the product unsafe
• Marketing, which includes instruction manuals, and the lack of safety warnings and labels to warn users of possible dangers and hazards.
In some cases, a seller or distributor may also be held responsible for a defective product accident.
Cars and other vehicles have multiple entities involved since the manufacturing process involves components produced by different companies.
Texas Laws On Product Liability
Product Liability is the area of law that covers unsafe and dangerous products that cause injuries or deaths. Strict liability and negligence are both part of product liability. If a product contains a defect that injures or kills a person, one or more companies involved can be held liable according to Texas Civil Practice and Remedies Code Chapter 82.
Unlike other personal injury cases, the statute of limitations is 15 years from the date of purchase. That time can be extended if the manufacturer offers a longer warranty if a delayed onset exists.
As a plaintiff, you must show that:
• The product in question had a defect
• You made no significant changes to the product once you received it
• The defect made the product unduly dangerous
• The defect was responsible for your injuries
A Houston defective product liability lawyer will help determine if the product was defective, and what compensation you may be able to recover.
Do Not Throw It Away!
Sometimes after an injury, someone tosses out the defective product. Don’t do that—it’s your best evidence of your claim and will supplement your medical records when you file a claim (or a lawsuit.) The claim requires a thorough investigation, and the product is the key. Take pictures of everything you can as additional evidence of your claim and include timestamps in the pictures.
Without the product that caused the injury, there is no chance to investigate and determine the exact cause of the accident. Keeping the product also ensures that no one tampered with it after your accident. If your case goes to trial, the jury can see and possibly handle the defective product for themselves. If you have the original packaging, keep that as well so the investigation can include incorrect instructions or marketing that had no warning label and failed to disclose any potential dangers.
Your Houston Defective Product Injury Attorney
Whether you were injured by a Ninja Blender or were hurt by another defective product, you shouldn’t deal with the aftermath on your own.
Contact Paxton Law Firm today, and we’ll review your case and advise you of your rights. The Paxton Law Firm believes in taking the stress of dealing with your legal battles and turning a negative situation into the best possible outcome. We offer free consultations, and you do not pay any legal fees until we recover for you.
