When you purchase a new product, you do so trusting that it’s fit for the purpose it’s advertised. You may have bought it because it’s a fun tech gadget, because it was a practical kitchen appliance, or it was an affordable car with good gas mileage. What you don’t expect is for any of them to have a design or manufacturing defect that may hurt you or your loved ones.
This is exactly what manufacturers and retailers try to avoid when they realize that a product they placed in the stream of commerce may pose a safety concern. When such a discovery happens, the United States Consumer Product Safety Commission requires manufacturers, importers, distributors, and retailers to immediately report any finding that a defective product could create a substantial risk of injury — or even death — to consumers. Failing to comply with this requirement exposes them to civil or criminal penalties.
What is the legal definition of product liability?
Product liability is an umbrella term that covers three types of causes of action — design defects, manufacturing defects, and failure to warn. The Texas Civil Practice and Remedies Code defines such claims as any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product[.]
Design Defects
This is the hardest type of product liability case to prove, since you’d have to show that your injury was a direct result of a defect in the design of the product, that there is a safer way to design it, and that it would have been practical for the designer to design it in that alternative way.
Manufacturing Defects
This type of claim exists when the manufacturer fails to comply with design specifications and/or federal safety standards. It’s important to note that new safety regulations are not applied retroactively, so if your product was manufactured prior to updated safety standards, you wouldn’t be able to hold the manufacturer liable for any deviations from them.
Failure to Warn
A failure to warn claim arises when a manufacturer is aware of possible risks and dangers from using or consuming their product, yet do not include a warning on their merchandise. For example, certain medications should not be consumed by pregnant women, people with diabetes, children, or any other type of demographic who could be harmed due to their age or condition. Another example is a chair that can only hold a person up to a certain weight, or a bowl or cup that releases plastic particles into food and beverages when placed in the microwave. Any time a manufacturer is aware of dangers that are inherent to their product, they have a legal duty to provide this information in a conspicuous place for consumers.
What to Do if a Product You’re Using is Recalled
Once a manufacturer realizes there’s a need to recall a product, they’ll mail notices to consumers. In addition, there may be additional notices in TV commercials, in the news, and their social media pages. If the product being recalled is a food item, you can sign up to receive a text message or email alert from the Texas Health and Human Services branch of the Department of State.
It’s important to know that just because a manufacturer sent out a recall notice, they are not absolved of injuries that may occur afterward. While you do have a duty to mitigate damages — such as by taking your car to the dealership to fix the parts that have been recalled or to throw out recalled lettuce — there are plenty of people who never receive the notices. This tends to be the case with people who purchased a vehicle from a private seller and the manufacturer would have no reason to know that such a buyer has a recalled vehicle. That said, if you do receive a notice and ignore it, the manufacturer will make an argument to limit their liability based on your failure to act.
What is the statute of limitations to sue for a product liability injury?
If you or a loved one has been injured as a result of using a defective product, the statute of limitations to file a lawsuit is two years from the date of injury. If the harm wasn’t immediately apparent, the statute of limitations starts to run upon first discovering the injury.
Can you sue after a product recall?
In order to sue anyone, you have to prove you sustained damages. These can be personal injury, medical bills, damage to your home, damage to personal property, pain and suffering, lost wages while you recover, or for the death of a loved one. If you received a notice that a product you purchased is now being recalled and neither you or a loved one have been injured because of the defect, you have no cause of action. On the other hand, if you have been injured, you should consult with a product liability attorney as soon as possible to determine the best course of action to move forward.
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.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.
