When a company manufactures a product to be sold to the general public, they are required—under state and federal law—to ensure their product is reasonably safe to use as instructed. Any product that is defective and therefore unreasonably unsafe could serve as the basis for a civil lawsuit if a user suffers physical injury.
As any knowledgeable personal injury attorney at Kirk Law Firm, PLLC could affirm, claims pursued under product liability law can be uniquely complicated. If you want the best chances possible of achieving a positive case result, you should think twice before proceeding without a seasoned Baytown defective products lawyer on your side.
There are three ways a consumer product may be “defective” in such a way that, if the defect existed when the product left its manufacturer’s control, the manufacturer may bear strict liability for ensuing injuries and losses.
First, a product may be defective in design, meaning some core element of the item’s formulation is inherently flawed to the point that every variety of the product is dangerous in the same way. Second, a defect may stem from a problem during the manufacture of a particular unit or batch of a product that makes an otherwise safe design unreasonably dangerous.
Third and finally, liability for a defective product may stem from a defect in marketing, sometimes called a “failure to warn.” Generally, this type of defect entails a manufacturer failing to provide instructions in or on a product’s packaging about how a consumer should safely use the product, and/or warnings about potential hazards associated with normal use that may not be obvious to the average consumer.
Though, it may also be possible to pursue a defective products claim in Baytown based on traditional negligence by a manufacturer or seller, as the experienced attorneys at our firm could further explain.
A comprehensive defective product claim could demand compensation for all economic and non-economic effects a person’s injuries have on them now and in the future. However, anyone seeking recovery through this kind of legal action must file within two years of sustaining their injuries in most situations, according to the state statute of limitations codified in Texas Civil Practice and Remedies Code §16.003.
Furthermore, another unique deadline applies to this type of claim called the statute of repose. Under this statute, anyone harmed by an unreasonably dangerous or defective consumer product has no grounds to pursue civil compensation if more than 15 years have passed since they first purchased the product in question from the manufacturer. Enlisting the help of defective products lawyers in Baytown could ensure that you do not miss any legal guidelines or requirements when pursuing your case.
Pursuing civil compensation over an injury caused by a defective consumer product can be a lengthy and legally complex process, even if you have enough evidence to establish strict liability for your injuries against the product’s manufacturer. Without guidance from committed legal representation, you might have trouble recovering anything at all, let alone the amount necessary to cover all your losses.
Fortunately, the assistance you may need is available from a Baytown defective products lawyer at Kirk Law Firm, PLLC. Call today to schedule a consultation.