If you or someone you love has suffered an injury from a defective product, you could be entitled to monetary compensation. A defective product can put you and your family at risk of injury. You have a right to product safety, and manufacturers who violate that right should pay the price.
A diligent personal injury attorney can help you navigate the legal proceedings and ensure that you are fairly compensated for your injury. Hire a Belton defective products lawyer ASAP to get the justice you deserve.
Under Title 4, Chapter 82 of the Texas Civil Practice and Remedies Code, an action for product liability is an action to recover damages for property damage, personal injury, or death caused by a defective product from the product’s manufacturer or seller. The action can be based on the seller or manufacturer’s negligence, misrepresentation, breach of warranty, or even based on strict liability. If you believe you might have an action for a defective product against a seller or manufacturer, you should speak with a Belton products liability attorney right away.
There are several types of monetary compensation available to you if you have been injured by a defective product. While no products liability attorney can promise you any form of compensation, possibilities include compensation for lost wages, medical bills, pain and suffering, funeral expenses (if this is a wrongful death case, and diminished earning capacity. You should be fairly compensated for your injury, and a Belton defective products attorney can help you get the right compensation.
Title 4, Chapter 82 of the Texas Civil Practice and Remedies Code requires the manufacturer of a product to indemnify (protect) and hold harmless a seller of that product in a products liability action, except if the injury or harm was caused by the seller’s intentional misconduct, negligence, or other act or omission for which the seller is independently liable. This means that the manufacturer of the product, not the seller, is usually the defendant in a defective products liability suit.
There are, of course, exceptions to this general rule of indemnification by the manufacturer, such as if the seller acted independently of the manufacturer to negligently alter the product or if the harm was caused by the seller’s intentional or negligent actions. Otherwise, however, the manufacturer if generally going to be liable for product defects.
In product liability cases, one need not only worry about that statute of limitations but the statute of repose as well. In Texas, both laws specify the amount of time a person gets to file a lawsuit for a specific claim. Where the laws differ, however, is when the clock expires on one’s ability to file the lawsuit.
The statute of limitations decides the amount of time a person has from the date of the injury or harm to file the suit. The product liability claim statute of limitations in Texas is two years. On the other hand, the statute of repose determines how long a person has to file suit from when the item was sold. Texas has a 15-year window where a person may bring suit from when the item was first sold to the individual.
Lawsuits arising out of harm or injury from a defective product can be complicated and can involve major companies. This is not something that you should pursue alone. If you have been injured or suffered harm from a defective product, it is important to speak with a Belton defective product attorney right away.
A defective product lawyer can give you the peace of mind that your claim is in good hands, as well as walk you through the complex and sometimes intimidating legal process involved with a products liability action. Hire an attorney today if you think you have a claim for a defective product!