Whether you buy something through a brick-and-mortar store or an online retailer, you should be able to trust that the products you spend money on and bring into your home are safe to use as intended. Unfortunately, as innumerable product recalls have shown over the years, consumer products are not always guaranteed to be functional and safe, even if you follow every operational instruction.
If you were recently injured by a product defect, you may want to talk to a Killeen defective products lawyer about your legal options. You should not have to pay for any injuries or losses you sustain due to a manufacturer’s negligence, and with help from a seasoned personal injury attorney, you can hold the negligent party accountable for your damages.
There are many types of consumer products that have been known to carry dangerous defects, ranging from children’s toys to automobiles to even prescription medications. However, there are only three major ways in which a product can be defective that may give rise to civil litigation.
The most fundamental type of flaw a product can have is a design defect, which is a problem with the product’s core design that makes every incarnation of it dangerous in the same or similar ways. According to Texas Civil Practice and Remedies Code §82.005, a plaintiff seeking to recover compensation for a design defect must prove that there was a safer alternative design that the manufacturer had a reasonable financial and practical capacity to use and that the defective design directly caused compensable harm to the plaintiff.
In other situations, a Killeen dangerous product attorney can help a plaintiff file suit over an injury caused by a specific defective incarnation of a product. This type of flaw, known as a manufacturing defect, entails a particular incarnation of a product being dangerous because of a defect in production rather than a problem with its core design.
Finally, a marketing defect—also known as a failure to warn—occurs when a product is designed and manufactured to be safe but does not contain proper instructions for use or warnings about potentially hazardous uses. Depending on the circumstances, a manufacturer could bear liability for this kind of defect if they intentionally obscured evidence of a hazard, simply failed to include warnings about it in the product’s packaging, or reasonably should have known about a hazard but did not discover it before the product was sold.
Typically, a person filing suit for a personal injury in Killeen must do so within two years of when they were injured, as per TX Civ. Prac. & Rem. Code §16.003. However, product liability cases are subject to a statute of repose, which allows a plaintiff to file suit up to 15 years after a dangerous product was sold to them.
Furthermore, this deadline may extend even further if a product manufacturer or seller provides a warranty stating that their product should be safe to use for more than 15 years after purchase. A defective products lawyer in Killeen can offer further clarification about the filing requirements for a particular case.
While products liability cases work a bit differently than typical personal injury claims, they can still be an important legal option for consumers injured by negligent product manufacturers and sellers. If you were hurt by a defective or dangerous product, filing suit could allow to recover financially for medical bills, lost work wages, various forms of non-economic pain and suffering, and more.
A conversation with a Killeen defective products lawyer can clarify the possibilities in your potential case. To schedule your initial consultation, call today.