Whenever you buy something from a retail store or a licensed online vendor, you should always receive a reasonably safe product for its intended purpose when you follow its included instructions. Unfortunately, far too many products sold by companies have unreasonably dangerous defects that cause severe injuries. Often, filing a suit over losses caused by these defects can be a complicated process.
Guidance from a capable personal injury attorney can make a difference in your odds of success when pursuing a civil case like this, especially if you suffered severe injuries with long-lasting effects. In addition to helping you fulfill legal requirements for holding a manufacturer responsible for a defect, your Copperas Cove defective products lawyer can provide vital support with building and filing a comprehensive claim within applicable deadlines.
Most injury claims in Texas revolve around the legal theory of negligence, and it is possible to build a product liability claim around this theory. However, it is more common to file a suit against a manufacturer under strict liability theory. This automatically establishes liability on a company’s part if all the following facts are true:
Additional requirements apply to certain cases pursued based on this theory, all of which a product liability attorney in Copperas Cove can further explain as needed. For example, to hold a manufacturer strictly liable for harm caused by a design defect, a plaintiff must also show a company could have used a safer design without imposing a significant financial burden on a manufacturer or meaningfully reducing the product’s usefulness.
As with most civil claims over injuries, a person harmed by a defective product generally has two years after actually sustaining harm to begin filing suit, per Texas Civil Practice & Remedies Code §16.003. In addition to this statute of limitations, there is also a statute of repose that applies to product liability lawsuits.
Specifically, the statute of repose prohibits most claims of this nature from proceeding if it has been 15 years or more since an injured person first purchased the product in question. Once again, a lawyer in Copperas Cove can provide irreplaceable assistance with building a strong defective products case before applicable time limits run out.
From automobiles to children’s toys, a staggering number of products released to American consumers each year have serious and potentially hazardous flaws. If you were hurt because something you bought was unreasonably dangerous even when used appropriately, pursuing civil litigation against the product’s maker may be vital to protecting your long-term interests.
Once retained, a knowledgeable Copperas Cove defective products lawyer could provide tenacious legal support to pursue the restitution you deserve. Call today to learn more.