How Long do I have to File a Product Liability Claim in Texas?

Product Liability

Defective product injuries happen every day, and your injuries may range from mild to extremely severe. You need medical attention immediately, and that should be your first concern, but the costs involved also need your attention.

In general, any foreign or domestic company that does business in the United States can be held liable for a defective product in a Texas court of law. But these cases can be legally complex and have extenuating circumstances and legalities, so it’s important to discuss your case with a qualified personal injury lawyer before taking legal action.

In Texas, the statute of limitations for product liability claims is usually 2 years from the incident. The statute of repose specifies a window from the date a product is first sold during which people can bring product liability claims against the manufacturer or distributor. If symptoms of your injury appear after that period and depending on what they are, and their severity, your professional personal injury lawyer may have ways to extend that time frame.

A defect in a product can turn any ordinary household item into a potentially life-threatening object. Although the Texas law does provide you, as the injured person, some recourse, timely filing the case in a proper court is essential. This timing is almost always vital to you winning your product liability case.

Due to this fact, the Texas statute of limitations for defective products allows manufacturers to sometimes “wiggle” out of liability for placing these products into the stream of commerce if the injured party waits too long in seeking a lawsuit.

Knowing how critical the timing of your case is to its success, consulting with a qualified, professional, and experienced Hidalgo County defective products lawyer quickly is always in your best interests.

What Are Some Specifics for Filing a Texas Products Liability Case?

First, remember that usually under the Texas statute of limitations, you, and your personal injury lawyer must bring suit no later than two years after the day the cause of action accrues.

Texas law also states that a “products liability action” is any action against a manufacturer or seller for recovery of damages caused by the personal injury, death, or property damage allegedly caused by a defective product. Also, this suit may be based on perceived products liability, negligence, misrepresentation, breach of an express or implied warranty, or any other theory or combination of theories.

In a typical product liability case, a cause of action begins when a wrongful act causes some physical or even mental injury. In some types of cases, the discovery rule may defer accrual of a cause of action until the plaintiff knew or, by exercising reasonable diligence, should have known of the facts giving rise to a cause of action.

Many of these cases involve relatively mild injuries, but if you were severely injured, you may need compensation for medical costs, lost wages, recovery, and possibly funds for years so you, and your family, can thrive. By consulting with an Edinburg personal injury lawyer, you can be sure you meet these deadlines and act quickly enough to receive the compensation you need and deserve.

Why Do I Need an Attorney for a Defective Product Case in Texas?

Defective products inflict injury and even death on thousands of people each year. When the negligence is severe enough on the side of the manufacturer or seller, there are proven legal means to get the proper legal and financial help you need.

It’s also vital to know that product defects aren’t your fault, and if they are truly caused by the products themselves and result in your injury, then you are entitled to recover expenses and damages for your pain, recovery, loss of wages, and possible life-long medical care.

Your priority, of course, if you are injured by a defective or dangerous product is to receive the necessary medical treatment. Once that is obtained you may at least begin to know just what injuries, recovery times, and possible limitations you are facing. This is the time to consult with an experienced product liability lawyer who will guarantee that all evidence, photos, witness statements, etc. are preserved. The product that injures you must be secured immediately to ensure its availability later.

Your lawyer knows the actions necessary in proving your product liability claim, and to guarantee that conditions will not be changed, or modified, which could adversely affect your case.

Preparing a well-documented, professional product liability case is almost always legally complex, and requires an experienced personal injury lawyer’s expertise from the very beginning of the process. The first days, and even hours, of these cases, are critically important to ensure all relevant evidence and potential claims are preserved and documented.

What Are Some of the Steps My Personal Injury Lawyer Will Take in Proving My Case?

It’s becoming clear that they’re many details involved in proving (and winning) a product liability case, but essentially four elements must be addressed.

They are:

• You, the victim, suffered an actual loss of property, were injured, have lost wages, or possibly even died.
• The product was defective, and by examination, testing, etc. was proven to be so.
• The defect inherent in the product directly (or contributed to) caused your property loss or physical injury.
• You used the product as described or instructed, as any reasonable individual would.

There will be legal hurdles that your lawyer will overcome. The timelines are only one, but others may include such items as the fact that the product was sold in an unreasonably dangerous condition or with an inadequate warning. Also, that the seller expected and intended that the product would reach you (the consumer) without unexpected alterations.

In many product defect cases, you and your family are depending on the compensation received to thrive and move on. Always make sure you have the proper legal representation fighting diligently to seek justice on your behalf.

I Have Been Injured and Believe I Have a Product Liability Case, What Should I Do First?

Immediately getting the medical help you need is always foremost. After that, however, consult with an experienced, empathetic, and professional personal injury firm that will fight for you, and your family. The McAllen and Edinburg Brasure Law Firm are eager and highly qualified in all types of personal injury cases, including product defects. Consult with them and they will help you get the medical care, and compensation, you are legally entitled to.