Lewisville Defective Products Lawyer
The products you purchase should be reasonably safe so long as you use them for their intended purpose and heed included safety warnings. Unfortunately, the number of product recalls that occur every year is proof that not every manufacturer performs due diligence to ensure their products are safe before they reach the hands of consumers.
If you suffered a serious injury due to a defect in a product you bought, you may have grounds for legal action that a Lewisville defective products lawyer could help you pursue. A skilled local attorney with experience handling product liability claims in the past could guide you through the litigation process and work on your behalf to maximize recovery for your damages.
Grounds for a Product Liability Claim
Importantly, not every injury caused by a consumer product necessarily justifies a personal injury lawsuit. In order to have a valid claim against a product manufacturer, a prospective claimant must be able to prove that a specific actionable defect in a product directly caused them harm, that they were using the product normally and for its intended purpose when they got hurt, and that the defect in question existed when the product left its manufacturer’s control.
Three kinds of defects may allow a product liability lawsuit to proceed, all of which a Lewisville attorney could explain in further detail. First, a claimant may base their claim on a product’s defective design, meaning that some element of the product’s construction makes it inherently dangerous.
Alternatively, a product may suffer from a manufacturing defect, which occurs when an otherwise safely designed product is not assembled correctly or contains a faulty component. Finally, a manufacturer may bear liability for a marketing defect if their safely designed and manufactured product does not have appropriate instructions and/or warnings for safe use, and a consumer gets hurt by doing something with the product that they could not have reasonably known would be harmful.
What are Potential Obstacles to Recovery?
A few additional restrictions apply to product liability cases based on design defects. Texas Civil Practice and Remedies Code §82.004 grants manufacturers immunity from liability for design defects if a reasonable person would understand the inherent danger of the product. Furthermore, claimants filing suit over a design defect must be able to prove that an alternative safer design was feasibly available for the product in question, in accordance with TX Civ. Prac. and Rem. Code §82.005.
More broadly, every product liability claim has two filing deadlines that a prospective claimant in Lewisville and their lawyer must adhere to. First, TX Civ. Prac. and Rem. Code §16.003 sets a deadline of two years after the date someone discovers a personal injury for them to file an initial complaint and start the litigation process. Second, TX Civ. Prac. and Rem. Code §82.012 allows only 15 years after the purchase of a product for a lawsuit to begin.
Seek Help from a Lewisville Defective Products Attorney
While state law technically grants individuals injured by defective products up to two years to file suit, it is almost always best to get this kind of case started as soon as possible. Going up against a large manufacturing company is challenging under any circumstances and waiting too long may leave you lacking in readily available evidence and documentation.
A Lewisville defective products lawyer could review your potential case with you and help you take proactive action to protect your best interests. Call today to schedule a consultation.