We Take Your Personal Injury Personally
Let Us Handle All Aspects of Your Case and Fight To Get You The Maximum Compensation You Truly Need and Deserve.
We Take Your Personal Injury Personally
Let Us Handle All Aspects of Your Case and Fight To Get You The Maximum Compensation You Truly Need and Deserve.
Houston Product Liability/Defective Product Injury Lawyer
There are countless products we use and take for granted each day, reasonably expecting these products are completely safe to use. Unfortunately, manufacturers and sellers sometimes make mistakes that result in product defects. In many cases, these product defects can injure or even kill people, and the party that caused the defect can be held responsible under the legal concept of product liability.
If you or someone in your family has suffered because of a defective product, you may be entitled to compensation that can greatly help you recover. Moreover, you may pursue legal action not only to give you a sense of peace but also to help ensure the product defect does not harm any more people in the future.
In Texas, the Cook Law Firm can help you bring up a successful product liability claim. Houston product liability attorney Andrew Cook has the experience and skills to ensure you get the compensation you truly deserve for your injuries.
Types And Examples Of Product Defects
Texas law recognizes three categories of product defects:
Design Defect
When the design itself is poorly done, the product will be inherently dangerous even if it was made to exact specifications. Further, all other products made with this design will also likely be dangerous.
Examples:
- A particular car model whose design creates a tendency to roll over.
- A line of electric appliances that electrocutes users when turned on a high setting.
- Cosmetics and drugs with a harmful ingredient.
Manufacturing Defect
When the design is fine but there is an error in making or assembling the product, it is a manufacturing defect. Usually, a manufacturing defect affects only some – not all – of the products in the manufacturing line.
Examples:
- A toy with a brittle or improperly attached part.
- Packaged food that contains a poisonous substance.
- A moped with missing brake pads.
Marketing Defect
“Marketing” in this case includes product labelling, instructions, and warnings. If there is a failure to properly label the product or to adequately warn or instruct its users, it may be considered a defect.
Examples:
- Medicines and medical devices that provide no warning about a potential side effect.
- Electric appliances without adequate instructions for safe usage.
- Corrosive chemicals that are not labelled accordingly.
Crucial Elements In a Texas Product Liability Lawsuit
To successfully make a defective product claim, it is crucial to prove the following elements:
- The product was defective.
- The product that injured you was close to its original condition.
- The defect made the product dangerous beyond reasonable expectations.
- The defect caused your injury.
In addition to these, Texas has laws which set deadlines within which you may file a product liability lawsuit. One is the statute of limitations, which gives you two years from the date of injury to file your lawsuit. Another is the statute of repose, which states consumers generally have only 15 years from the date that the product is sold to bring up a legal action; if the product was bought more than 15 years ago, you may no longer be able to sue.
Given all these conditions, product liability cases can be difficult and stressful. What’s more, claimants usually have to face companies with powerful legal teams and insurers that can undermine their claim. This is why even though the law aims to protect consumers, many still end up with much less than they deserve for their defective product injury.
Let Cook Law Firm Help You
As a consumer, the law is on your side, but you need a skillful attorney to make it work for you. Cook Law Firm has the skill and experience to handle a liability claim like yours.
If you or a loved one have been seriously injured due to a bad or defective product contact us today.
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