So long as you follow its instructions for operation, every product you purchase in a retail setting should be reasonably safe to use for its intended purpose. Unfortunately, various types of products, from motor vehicles to furniture, and especially children’s toys, commonly reach the market with dangerous defects that end up causing significant physical and financial harm to customers.
If you suffered injury due to a defective product, a conversation with a Frisco product liability lawyer may be in your best interests. An experienced civil injury attorney who has handled similar claims successfully in the past could walk you through your legal options and help you find the best course of action for seeking the compensation you deserve.
There are numerous product defects that could impose liability for ensuing injuries onto the manufacturer(s) of that product, each of which stems from a different stage in the production process. A knowledgeable product liability attorney in the area could go over these defects in further detail and help determine which type of defective product claim applies.
First, a product that has a design defect is inherently dangerous due to its design, such as a lawnmower with a blade that scrapes against its external guard and creates dangerous sparks. Importantly, under Texas Civil Practice and Remedies Code §82.005, a claimant filing suit over a design defect must be able to prove that a safer alternative design existed that was financially and technically reasonable for the defendant manufacturer to use at the time they designed the product in question.
Second, a product with a safe design that was assembled incorrectly or in some way that made it inherently unsafe to use normally has what is known as a manufacturing defect. Finally, a safely designed and manufactured product may still have a marketing defect if it is not packaged with appropriate instructions for operation and warnings about potential dangers associated with normal use.
Through a successful faulty product claim, a qualified lawyer could help an injured consumer in Frisco seek restitution for both economic and non-economic losses they suffered, including but not limited to:
However, prospective claimants in these types of cases have a limited amount of time to actually start the litigation process. In addition to the two-year filing deadline following the discovery of injuries set by TX Civ. Prac. & Rem. Code §16.003, TX Civ. Prac. & Remedies Code §16.012 does not allow people injured by unsafe products to file suit more than 15 years after their purchasing of said product, unless the manufacturer expressed guaranteed a “useful safe life” greater than 15 years.
Injuries sustained due to dangerous consumer products can lead to extensive personal and financial losses. Even if the manufacturer responsible for the defect eventually issues a recall, it rarely comes before dozens or even hundreds of customers suffer the brunt of their negligence. Fortunately, if you got hurt under these circumstances, you may be able to hold the reckless or careless company that harmed you financially liable for their misconduct.
Your first priority before pursuing this type of civil claim should be contacting a Frisco product liability lawyer for professional advice and support. Call today to schedule an initial meeting.
McCraw Law Group