When companies introduce products into the consumer marketplace, the law requires that these items be reasonably safe for use as directed. Unfortunately, manufacturers do not always produce, market, and sell products as carefully as they should.
If you were injured as a result of using a defective consumer good, the manufacturer might owe you substantial financial compensation. Consulting a Houston defective products lawyer is a smart first step toward understanding your legal options. One of our firm’s skilled personal injury attorneys could determine which type of defect applies to your case, investigate the negligence, and establish the scope of monetary damages you deserve.
With millions of products on the market, it is nearly impossible to list all the different ways a defective item could cause an injury. Some examples of a product malfunctioning include but are not limited to:
Any of these defects or malfunctions could cause severe injury to an innocent consumer. Proving that a product was definitely defective is a crucial part of the civil claims process, and knowledgeable Houston attorney from Kirk Law Firm, PLLC could take the lead with this stage of the case.
An injured plaintiff can use strict liability to recover financial compensation from a company that put the defective consumer product that injured the plaintiff into the stream of commerce. Strict liability refers to the idea that a wounded claimant does not need to prove negligence, only that the product was defective, and an injury resulted from this defect.
To be more specific, a plaintiff could allege design defect, a manufacturing defect, or warning defect. If a plaintiff is alleging a design defect, Texas Civil Practice and Remedies Code §82.005 establishes evidentiary requirements that they must meet. For instance, a claimant needs to demonstrate that feasible alternative designs were available and were less likely to cause harm than the design the manufacturer selected.
Meanwhile, if a plaintiff is asserting a manufacturing defect, their attorney must demonstrate that a production or packaging error rendered the product unreasonably dangerous. Finally, if the claimant contends the product’s warning was defective, they must reveal that the label failed to warn of known hazards or did not provide adequate instructions for the safe use.
Determining which kind of action to file can be confusing, but one of our experienced Houston lawyers could help an injured plaintiff figure out which type of product liability claim is best for their unique situation.
It is important to realize that an injured consumer does not have an unlimited amount of time to file their product liability lawsuit. In most cases, a plaintiff must submit their claim within two years of being injured by the defective product.
However, there are some exceptions to this rule. Some items do not malfunction immediately; a person could be injured unexpectedly after using a product that worked safely for many years. Thankfully, a state law called a “statute of repose” allows plaintiffs to file a claim as long as the product was not manufactured more than 15 years before their injury.
Our well-practiced Houston attorneys could determine how much time their client has to file their defective products claim and outline any possible exceptions to the norm.
If you were injured by a consumer good that you though was safe, you deserve someone to hold the manufacturer accountable for their negligence. It can be tempting to think that you can handle the legal processes associated with filing a civil claim alone, but retaining legal representation is always in your best interests. Manufacturers often fight back against product liability suits, which could make collecting compensation more difficult.
You need a capable Houston defective products lawyer from our firm to investigate the manufacturer and the item in question. Contact our office today to schedule your initial consultation.