Both manufacturers and distributors have a legal responsibility to provide the public with safe, functional products. However, when this responsibility is not upheld and results in a person’s injury, civil action could be taken against the negligent parties. If you sustained an injury recently because of a faulty product, schedule a consultation with a Mansfield defective products lawyer as quickly as possible.
Your consultation will involve discussing the extent of your injuries and how they occurred to determine if you have a valid liability case. Texas statute of limitations requires filing the claim within two years of the incident date to avoid a court dismissal. To avoid having your claims negatively impacted by the deadlines set in place, call a skilled injury lawyer to schedule a consultation.
What Makes a Product Defective?
Establishing product liability in a Mansfield courtroom calls for a legal professional to prove one if not all the following:
- A manufacturing defect
- A marketing defect
- A design defect
Examples of manufacturing defects include non-detachable parts on children’s toys that can be removed to create choking hazards. Marketing defects typically revolve around “failure to warn” issues, such as labeling that does not detail the dangers the product presents. Design defects usually concern ignoring alterations or improvements that increase safety without impairing usability.
In addition to children’s toys, common defective products include large and small appliances, power tools, personal care products, and construction equipment and tools.
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How Does a Plaintiff Prove Product Liability in Texas?
To prove that a product is dangerous, the plaintiff and their Mansfield attorney must show its defect and how it resulted in injuries. For example, an airbag that did not go off during a car accident and caused the driver or passenger to sustain serious injuries clearly indicates a defect. A home appliance without the proper warning label that caused injuries such as lacerations or head trauma also provides evidence of faulty operation.
Sustaining injuries from using a product the incorrect way despite a functional design and warning label, such as getting scalded by a water heater during routine sediment flushing, does not fall under product liability laws due to consumer negligence. Altering a product and getting injured does not provide claim grounds either, nor does using the product for applications it was not designed for.
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What Damages Can a Plaintiff Collect from a Defective Product Case?
If the plaintiff establishes product liability with assistance from a Mansfield legal professional, they may be entitled to a range of damages. Compensation typically covers medical bills, property damage, lost wages, and any other out-of-pocket expenses. The plaintiff will be awarded damages by the manufacturer and possibly the supplier if the latter party knowingly sold faulty products.
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Reach Out to a Mansfield Defective Products Attorney
Since Texas laws start the two-year statute of limitations from the date of the injury, schedule a consultation with a Mansfield defective products lawyer immediately to get started on your case. Whether the injury occurred because of a manufacturing or design defect, or lack of proper labeling, do not hesitate to discuss your case in depth.
Defective products unfortunately have the power to inflict severe if not fatal injuries. Bringing attention to a faulty product can not only result in compensation, it can alert other consumers to a dangerous item that should be taken off the market as soon as possible to avoid further accidents and physical harm.
Call (817) 775-5364 or complete a Free Case Evaluation form