When you buy a new product, you’re likely looking forward to seeing how it makes your life easier: it may be practical, help you save time, or it simply looks good. What you never expect is to get injured by the product.
However, these types of cases do occur, both from people using a product as it was intended to be used, as well as from people using a product in a foreseeable way – such as using a chair as a stepping stool or using a steak knife to open a box. That said, these foreseeable uses do not apply to unreasonable misuse of a product, such as it sometimes happens with viral online challenges, such as eating detergent.
Product Liability Cases in Texas
There are three types of product liability cases in Texas. If you’ve been injured by using a product, you could file a lawsuit for a defect in the design, a defect in the manufacturing process, or for a failure to warn of possible dangers. These causes of actions can be brought against the manufacturer or seller –– or in some limited instances, both — of a product, to recover for damages arising out of personal injury, property damage, or death caused by a defective product.
It’s important to note, that while some products do require that the claimant show that their harm was caused by the item they bought, the Texas Civil Practice and Remedies Code states that certain products are inherently unsafe. When a product is known to be unsafe by the ordinary consumer, the manufacturer or seller will not be held liable.
What’s the statute of limitations for defective products in Texas?
Texas Civil Practice and Remedies Code, Section 16.003 establishes a two-year statute of limitations for personal injury cases. This period of time starts running from the date of injury or death.
That being said, in every single legal case, the sooner you act, the easier it will be for you to collect the required evidence to establish your case. For example, if there was a defect in the manufacture, you’d want to be able to depose the employees who were responsible for manufacturing the product –– something that may be hard to do if they no longer work for the company and can’t be located. The same applies to any witnesses, medical providers who treated your injuries, or anyone else who may have been involved in the handling of the product in the stream of commerce.
Product Liability Attorneys in Texas
Product liability cases can be complicated. If you or someone you love has been hurt by a defective product, the experienced attorneys at The Weycer Law Firm can help.
Discuss your case for FREE today by contacting us online or by calling (713) 668-4545.
