Grapevine Defective Products Lawyer
Most people believe that the consumer goods they purchase every day are safe to use. However, sometimes items are unsafe, causing devastating injuries or even death. Because of dangerous designs, manufacturing, or marketing, some products cause serious injuries even when used correctly.
If you have sustained an injury because of a faulty item, a seasoned injury attorney could fight for compensation for your medical expenses, missed time at work, and pain and suffering. A skilled Grapevine defective products lawyer could seek financial recovery from the companies that design, market, and sell the dangerous item.
What Types of Consumer Goods Could be Defective in Grapevine?
Although intended to be safe, many different items can seriously injure the person using them. Some common types include:
- Motor vehicle parts and accessories
- Medical devices
- Children’s toys
- Exercise equipment
- Pharmaceutical drugs
While any item may contain a minor flaw, the ones listed above are often more susceptible to more impactful defects than others. A seasoned Grapevine product liability attorney could identify a flawed design or marketing strategy and connect it to a consumer’s injuries.
State Law Regarding Defective Items
Under Texas Civil Practice and Remedies Code Chapter 82, product liability is a strict liability offense. This means that if there is a defect in an item and it harms someone, the designer, manufacturer, or seller is generally responsible for the injuries. When faulty consumer goods injure someone, victims may file a claim based on the defect.
To pursue a claim based on a defective design, the injured person must prove that the item could have been made in a way that reduced the risk of injury without affecting its use. An example of a design defect is children’s pajamas that contain flammable ingredients.
Unlike design defects, manufacturing defects usually exist in a few items rather than in the entire product line. A manufacturing defect can arise when consumer goods do not perform as intended. This could be something like a prescription medication bottle that becomes contaminated due to a faulty lid.
Marketing defects may include negligence after something is manufactured and distributed to a seller. When an otherwise safe item is not marketed correctly, customers could sustain injuries upon use. Failure to warn consumers of potential hazards is one of the most common types of marketing defects.
Common Defenses in Products Liability Claims
Even though manufacturers and sellers could be strictly liable if their consumer goods injure someone, they may still seek to avoid responsibility by presenting certain defenses in court.
A defendant may admit that their product harmed someone, or they may argue that the injury was caused by the item’s misuse, such as if someone purchases a chair but uses it as a stepstool to reach tall objects and it breaks, causing the consumer to fall. If the injuries were not reasonably foreseeable by the manufacturer or seller, the injured person may have difficulty recovering damages.
Assumption of Risk
Another defense in a liability lawsuit is that the injured party was aware of the product’s dangers but chose to use it anyway, this is called assumption of risk. An example would be if a person is aware of the limitations of a parachute but ignores all warnings and skydives in heavy winds.
Product manufacturers have their own legal teams fighting hard to avoid liability, but a skilled Grapevine attorney could help rebut these defenses and present a strong product liability claim.
Time Limits on Faulty Products Lawsuit
When someone suffers an injury due to a faulty item, they generally must pursue a claim within two years from the date they were harmed. However, Texas also has a Statute of Repose, which applies to all faulty goods. Under this statute, a person must bring a liability case within 15 years of the item’s sale, regardless of when the injury occurred.
Because a judge could dismiss an injured party’s defective product claim if they do not file their lawsuit on time, it is essential to consult a capable Grapevine lawyer as soon as possible after the injury.
Contact a Grapevine Defective Products Attorney Now
If you suffered an injury due to a faulty item, a Grapevine defective products lawyer could help you secure the payment you need to recover from your injuries and resume your life. Call a capable attorney today to discuss your case today.