Harker Heights Defective Products Lawyer
Many consumers assume that the products they use every day are safe. However, errors in a product’s design, production, or marketing could lead to severe injury and even death.
If a defective product harms you, you may be entitled to compensation for your injuries and property damage. A Harker Heights defective products lawyer could identify the specific product defect, assess the extent of your injuries, and present your claim to an insurance company or a judge. A seasoned personal injury attorney can review the evidence and help you seek compensation for damages.
What is Strict Liability?
Under Texas Statutes Civil Practice and Remedies Code Chapter 82, a manufacturer or designer does not have to be negligent to be liable for a victim’s injuries or property damage. If the injured party proves that a defective product caused them harm, the manufacturer or designer could be held responsible. A defective products attorney could assess the manufacturer’s liability and determine if the injured party has a claim.
Types of Product Defects
Texas recognizes three categories of product defects.
Manufacturing Defects
Errors in production or ineffective quality control can cause manufacturing defects. Examples of manufacturing defects include, but are not limited to, the following:
- Cleaning products that emit toxic fumes
- Toys that pose a choking hazard
- Cosmetics that burn skin
- Medical equipment and devices that harm the patient
- Faulty vehicle safety equipment that causes an accident, such as inoperable headlights
- Appliances that explode when turned on
A manufacturing defect is unplanned and undetected by the manufacturer. A lawyer with experience in defective product cases could identify the specific product defect and provide evidence that it caused the claimant’s injuries.
Design Defects
A defectively designed product might cause injury to the user even if it was correctly manufactured. Under the Texas Products Liability Act, an injured party must prove the following to receive compensation:
- There was a safer design alternative available for the product
- The alternative design may have prevented or significantly reduced the risk of personal injury, property damages, or death without substantially impairing the product’s use
- The alternative design was economically and technologically feasible at the time the manufacturer produced the product
- The design defect caused the property damage, injury, or death of the claimant
A Harker Heights defective products lawyer could present evidence to support the injured party’s claim.
Failure to Warn
In failure to warn cases, the product could be safe if used correctly but can become very dangerous if used for an unintended purpose. Because of that inherent danger, manufacturers must warn the user of the product’s potential risks. If proper instructions and warning labels are not supplied, the manufacturer may be liable for a ‘failure to warn’ claim if the product causes injuries or death.
An example of a ‘failure to warn’ defect is the improper use of seat belts to secure a child’s car seat. If the user is not instructed on using the belts to attach the seat safely, the manufacturer could be liable for injuries to the child. A Harker’s Height defective products lawyer could assess whether proper instructions and warnings were given to the product’s user before the injuries occurred.
The Statute of Limitations
A party injured by a defective product in Texas has fifteen years from the date the product was purchased to file a claim. More time might be given if the victim did not immediately notice the injury or if the product’s manufacturer provided a longer warranty. Because a court could dismiss a party’s lawsuit if it is not filed within the deadline, it is helpful to consult a skilled products liability attorney as soon as possible after the injury.
A Harker Heights Defective Products Attorney Could Help
Defective products can be dangerous and may result in serious injuries or even death to the product’s user. Proving that a product was defective and the defect caused harm to the user could be challenging. Expert testimony is often required to support the injured party’s claim in court.
If you suffer an injury from a faulty product or were not properly warned about its risks, a Harker Heights defective products lawyer could help. Our firm’s attorneys believe you deserve the best possible legal representation and could ensure a fair resolution of your case.
