The products that Texas residents buy from online retailers and brick-and-mortar stores all must meet a basic standard of quality that ensures consumers will not be harmed when using the product appropriately and for its intended purpose. Any product that does not meet this standard due to an unreasonably dangerous defect could serve as the foundation for a civil claim if that defect directly causes a consumer to sustain serious injury.
Product liability cases are a complex and evidence-intensive type of litigation and pursuing one without an experienced and dedicated personal injury attorney’s guidance rarely produces positive results. If you want optimal chances of obtaining the recovery you deserve in a scenario like this, retaining a knowledgeable Bee Cave defective products lawyer can be your best strategy.
Just like a driver who causes a car wreck or a landowner who causes injury through failure to maintain their property, a distributor or merchant who makes a product unreasonably unsafe through their own misconduct could accordingly be held liable for any resulting injuries to consumers. Claims pursued against product manufacturers, on the other hand, tend to be built around a theory of strict liability—in other words, holding manufacturers automatically liable for injuries if certain conditions exist.
More specifically, strict liability applies in defective products claims if the product had a certain type of defect that existed when the item left its manufacturer’s direct control. Then, this defect must have directly caused injury to a consumer who was using it in a reasonable way. This means that strict liability applies if a product’s defect that makes every incarnation of it fundamentally unsafe in the same way, if manufacturing errors make particular units unreasonably unsafe, or if failures to appropriately warn consumers about instructions for safe use cause an injury.
In some situations, breach of an implied or express warranty made by a manufacturer could alternatively serve as grounds for a defective products case. A Bee Cave attorney can discuss in specific detail during a private initial meeting exactly what legal options a particular person might have when filing their product liability claim.
Two important deadlines apply to litigation for losses sustained due to an unreasonably dangerous and/or defective consumer product. First, the statute of limitations for these claims establishes that plaintiffs must file their case within two years of being hurt by a defective product.
Second, the statute of repose applicable specifically to product liability claims sets a deadline of 15 years after the initial purchase of a consumer product for any litigation. Anyone who exceeds either of these deadlines relative to their specific injury might be barred from recovering any compensation, as a defective products lawyer in Bee Cave can affirm
Anyone intending to pursue civil compensation over an injury caused by a dangerous product will almost certainly have their work cut out for them. The massive and often multinational corporations that make most consumer products have plenty of assistance and financial resources to fight claims of this nature, and unrepresented plaintiffs generally have trouble getting a positive result or adequate compensation.
Put simply, working with a Bee Cave defective products lawyer can be essential to protecting your rights. Call today for a confidential consultation.