Companies that manufacture and market consumer goods have a responsibility to produce safe products that do not harm those who use them. When a manufacturer releases an unsafe product or fails to warn consumers of potential dangers, they can be held legally responsible for any injuries or damages that their product may cause.
We at the Burch Law Firm are pleased to offer our legal knowledge to those who have been harmed by a defective or malfunctioning product. To discuss your case and legal options with an experienced, compassionate New Braunfels product liability attorney, contact us today.
What is a Product Liability Claim?
Product liability refers to an instance where a victim of a dangerous product claims that the product was made dangerous through negligence or malice during the manufacturing, labeling, or distribution process. Typically, victims complain of incurring both physical pain and financial cost as a result of an unsafe product, and they are seeking financial compensation from those who are responsible for the product’s defect or lack of safety. If a product manufacturer is, indeed, implicated in the case, he or she may owe the victim monetary compensation.
If you or someone you love has suffered injury or expense due to a dangerous product, contact the experienced New Braunfels product liability lawyers of the Burch Law Firm today. We may be able to help you prepare a strong case against the manufacturer or other party who caused you undue harm.
We Can Help With These Common Types of Product Liability Cases
Because there are millions of different products on consumer shelves, product liability cases can vary greatly based on the injuries involved. However, some common cases involve:
- Unsafe Pharmaceutical Products
- Toxic Food Products and Containers
- Dangerous Childcare Products and Toys
- Defective Vehicles
- Manufacturing Defects
- Design Defects
These cases are among the more common types of product liability claims, but are certainly not the limit for what types of product claims a person can file. Thus, victims of any products that has been made unsafe by a manufacturer or producer’s negligence may be able to seek financial recourse for their injuries or illnesses caused by unsafe products.
Dangerous products can cause serious injuries and illness to unsuspecting consumers who have not been warned of the risks. If you or your child has been hurt by a product that is defective, malfunctioning, or has an improper warning label, our New Braunfels product liability lawyers are committed to pursuing the full compensation you are owed. Don’t hesitate to consult with our legal team today to discuss how we can help you with your product liability lawsuit or negotiation.
What Types of Products are Hazardous to Consumers in Texas?
Consumers throughout the state of Texas need to be aware of the potential hazards in their homes and businesses. There are consumer products on the market that can pose serious risks to the people using those products. Sometimes, the risks are inherent to the product. Other times, user error makes the products more dangerous. Finally, there can be situations where a manufacturer’s negligence creates the risk to consumers.
In any case, if people are aware of the risks, they may be able to avoid potential injuries and accidents involving these hazardous products. The Texas Department of State Health Services has created a list of general consumer products that can be considered hazardous to consumers. Consumers may need to use these products with care in order to avoid potential accidents and injuries.
Some of these hazardous products include obvious dangers. These include things like:
- Lighter fluid
- Lead additives
- Paint stripper
- Other solvents and adhesives
These are things that many people likely understand are dangerous. However, the list also includes things where the danger might not be as obvious. For example, the department lists things like:
- Car waxes
- Plumbing supplies
It is important for residents to understand when consumer products pose a significant risk. When people are injured by dangerous consumer products, they may have legal rights. Negligent manufacturers can be held responsible for injuries to Texans. In a products liability suit, people may receive compensation for medical costs, lost wages, pain and suffering and more. With the help of an attorney, victims of dangerous products can understand their legal rights.
Types of Product Defects that Can Lead to Injuries
While many Texas consumers trust companies to make products that are safe for them to use. However, in many cases, products contain defects that can lead to consumer injuries or consumer death. Product liability cases are not limited to consumer goods, but can also include food, defective industrial equipment and defective auto parts.
In general, there are three types of product defects that can result in injuries to Texas residents:
- The first is a design defect. A design defect occurs in the first stages of the product’s development. If a design defect is present, it means that no matter how the product is made it is inherently dangerous.
- The second type of product defect is a manufacturing defect. A manufacturing defect occurs during the production of the product. This means that something has gone wrong while the company was producing the product. If the product had been produced differently, it may not have been dangerous to consumers.
- The final type of product defect is a marketing defect. A marketing defect occurs when the way the product is marketed to consumers is dangerous. These types of defects can occur as a result of inadequate safety warnings, insufficient directions or improper labeling. If the marketing on these products had been different, then the product may not have been dangerous.
It is important for Texas consumers to understand the type of defect that was responsible for causing their injury because the standard for proving each type of defect is different. By filing a product liability suit, and arguing the proper defect, people may receive compensation for the injuries they have suffered.
What to Do After Being Injured by a Defective Product in Texas
If you are injured by a defective product, you have to take quick action to preserve your legal rights. The exact course of action that a person should take following an accident involving a hazardous product will change on a case-by-case basis. Therefore, it is important for people to get specific legal advice from an attorney.
Generally speaking though, when you have been injured by a product defect, you will need to secure the product. This will help to ensure that you can prove the existence of a defect in a product liability case. This should be done as soon as possible — after medical treatment has been secured, of course. The product should be placed in a secured location that is only controlled by the victim or the victim’s attorney. This way, proper tests can be carried out to determine the extent of the defect.
If the product is in another party’s control — like the police’s control or tow truck — then the other party should be notified to preserve the evidence. They should be warned that every step should be taken to make sure the product is preserved or else they could be held liable. In some cases, additional court protection may be necessary to preserve evidence of the defect.
Once the evidence is preserved, you will need to begin an investigation. This investigation is often carried out with the help of an attorney or other expert in the field. In this investigation, you are trying to come up with a complete history of the product, where it was purchased, where it was made, if it was subject to warranties and other important information. This information can help you determine if you have a legal claim against a manufacturer or other party.
Statute of Limitations on Product Liability Lawsuits in Texas
Under Texas law, there are limitations to when these suits can be brought against companies. You should understand these rules if you have been injured by a dangerous consumer good. While this post can only provide general information, an attorney can give specific legal advice.
Generally, under section 16.012 of the Texas Civil Practice and Remedies Code, an injured consumer must bring a products liability suit against a company within 15 years after the product was sold to the consumer. This applies to situations when a person is suing a company because of injuries caused by a defective product. The 15-year statute of limitation applies in a variety of situations including in wrongful death actions and personal injury cases.
The 15-year limitation does not apply in a couple of situations. First, if the person was exposed to some harm during the first 15 years after purchasing the product but the harm didn’t manifest symptoms until after the 15 years, then the rule doesn’t apply. Also, the 15-year time limit can be extended if the product was covered by a warranty that lasted longer than 15 years. Then, the case can be brought anytime during the warranty period.
Anyone who suffers injury from a dangerous product should understand their legal rights and the requirements for pursuing legal action.
Contact Our New Braunfels Product Liability Attorneys Today
No one should have to bear the burden of an injury caused by someone else’s negligence. To learn how our caring, committed New Braunfels product liability lawyers can help you pursue the compensation that you need to focus on your recovery, call the Burch Law Firm today or contact us online. Our attorneys also serve surrounding areas, including San Marcos, Seguin, and more.