Navigating Product Liability Claims for Defective Consumer Goods

What Should I Know About Product Liability Claims?

Product liability claims involve a complex area of law that seeks to hold manufacturers, distributors, suppliers, retailers, or other entities responsible for any injuries caused by their products. In Texas, as in other states, these claims are typically based on three theories: negligence, strict liability, and breach of warranty.

Negligence in Product Liability

Negligence refers to a situation where a company fails to the “reasonable care” standard in the design, manufacture, or inspection of a product, leading to a consumer’s injury. For instance, if a company fails to properly test a toaster and it causes a house fire, they could be held liable for negligence.

Strict Liability in Product Liability

Strict liability, on the other hand, does not require proof of negligence. Instead, it focuses on the product itself. If the product is inherently dangerous or defective and results in injury, the manufacturer may be held responsible, even if there was no negligence on their part. For example, if a child’s toy breaks easily into small, swallowable pieces, the manufacturer could be held strictly liable if a child chokes on a piece.

Breach of Warranty in Product Liability

Breach of warranty involves a situation where a product fails to perform as advertised or promised, leading to injury. This can be either an express warranty (a specific promise made by the seller about the product) or an implied warranty (an unspoken, unwritten guarantee that the product will work as expected).

What Steps Should I Take if a Defective Product Injures Me?

If you’ve been injured by a defective product, take immediate steps to protect your rights and potential claim. First, seek medical attention for your injuries. Not only is this important for your health, but medical records also provide crucial evidence in a product liability claim.

Preserving the Product and Evidence

Next, safeguard the product and any packaging, instructions, or receipts. These can serve as evidence of your purchase and the product’s condition. If possible, take photographs of the product and your injuries.

Documenting the Incident

Document everything related to your injury, including when and where the incident occurred, how the product was used, and any witnesses. This information can be very valuable when building your case.

Consulting with an Attorney

Finally, consult with an experienced attorney. Product liability claims can be complex, and an attorney can guide you through the process, ensuring you understand your rights and options.

What Are the Types of Defects That Can Lead to a Product Liability Claim?

In Texas, there are three main types of defects that can lead to a product liability claim: design defects, manufacturing defects, and marketing defects.

Design Defects

Design defects are inherent flaws in a product’s design that make it unsafe. For example, a car model that has a tendency to roll over during sharp turns would be considered to have a design defect.

Manufacturing Defects

Manufacturing defects occur during the production process. These defects are not part of the product’s design but are mistakes or errors that occur during assembly or production. For instance, a bicycle with a faulty brake system due to improper assembly would be an example of a manufacturing defect.

Marketing Defects

Marketing defects, which can also be known as “failure to warn,” involve inadequate instructions or warnings about a product’s use. If a power tool is sold without proper safety instructions, leading to an injury, this could be considered a marketing defect.

What Are the Time Limits for Filing a Product Liability Claim in Texas?

In Texas, you have a two-year window to file a product liability claim, starting from the date of the injury. However, there are exceptions to this rule. If the injury wasn’t immediately apparent, the time limit may begin from the date the injury was discovered or reasonably should have been discovered.

Statute of Repose in Texas

There’s also a statute of repose, which sets an absolute deadline for product liability claims, regardless of when the injury was discovered. In Texas, this deadline is 15 years from the date the product was sold. This means that if a product has been in use for more than 15 years, you may not be able to file a product liability claim, even if you were recently injured.

What Compensation Can I Anticipate from a Product Liability Claim?

The compensation you might receive from a product liability claim in Texas hinges on the details of your case, such as the severity of your injuries and the degree of the manufacturer’s negligence or liability. Potential damages you could recover include:

Medical Expenses

This encompasses both past and future medical costs associated with your injury, including hospital bills, medication, physical therapy, and any required surgeries.

Lost Wages

If your injury has led to missed work or impacted your earning capacity, you may be eligible for compensation for these financial losses.

Pain and Suffering

This covers the physical pain and emotional distress resulting from your injury, as well as compensation for any permanent disability or disfigurement.

Property Damage

If the defective product caused damage to your property, such as a house fire caused by a faulty appliance, you could be compensated for the repair or replacement costs.

How Can an Attorney Help with My Product Liability Claim?

A seasoned attorney can be an invaluable partner in a product liability case. They assist in navigating the intricacies of Texas law, collecting evidence, and constructing a robust case. They can also negotiate with insurance companies and manufacturers for you, striving to obtain the compensation you are entitled to.

Additionally, your attorney can help identify the responsible parties, whether it’s the manufacturer, distributor, or retailer, and establish the theory of liability, whether it’s negligence, strict liability, or breach of warranty.

Your lawyer will manage all interactions with the other parties, making sure you avoid saying or doing anything that might jeopardize your case. If necessary, they can take your case to court, advocating for you every step of the way.

If you’ve been injured by a defective product, call The Kahn Law Firm, P.C. today at 713-999-6549 for a free consultation.