Every product we use comes with an expectation of safety, but when something goes wrong, the results can be devastating. A defective product can cause unexpected injuries, financial strain, and emotional stress. Facing the aftermath of such an event can feel overwhelming, especially when medical bills pile up or daily life is disrupted. You shouldn’t have to shoulder these burdens alone. Holding the responsible parties accountable not only seeks justice for you but also helps prevent future harm to others.
What Is a Product Liability Lawsuit?
A product liability lawsuit allows individuals injured by defective or dangerous products to seek compensation for their losses. These cases typically arise when a product causes harm due to flaws in its design, manufacturing, or marketing. For example, a poorly designed piece of machinery, a contaminated medication, or a toy with choking hazards could all lead to serious injuries.
Manufacturers, distributors, and retailers have a responsibility to ensure the safety of the products they produce and sell. When they fail to meet this responsibility, they can be held accountable. Product liability lawsuits are not just about financial recovery—they’re about promoting safer practices in the industry and protecting consumers from similar harm in the future.
Understanding the Statute of Limitations in Texas
In Texas, the statute of limitations for filing a product liability lawsuit is two years from the date of injury. This means you have a limited window to take legal action after being harmed by a defective product. However, some cases aren’t as straightforward. The “discovery rule” may apply in situations where the injury or defect wasn’t immediately apparent. For instance, if a medical device malfunctioned but the harm wasn’t discovered until later, the clock might start when the issue was identified, not when the product was used.
It’s also important to note exceptions for certain situations. Cases involving minors or fraud might have different timelines, but these exceptions are highly case-specific. Acting within the statute of limitations is vital for building a strong case.
What Happens If You Miss the Deadline?
Missing the deadline to file a product liability lawsuit can have serious consequences. If you try to file after the statute of limitations has expired, the court will likely dismiss your case. This means you lose the opportunity to pursue compensation for medical bills, lost wages, and other damages caused by the defective product.
Additionally, as time passes, it becomes harder to gather evidence or locate witnesses to support your claim. The longer you wait, the more difficult it is to build a strong case. Acting promptly ensures that your legal rights are protected and gives you the best chance to recover what you’re owed. If you’re unsure about your timeline, we can help assess your options.
Steps to Take If You’re Considering a Product Liability Claim
If you believe a defective product caused your injury, taking the right steps early can strengthen your case. Here’s what you should do:
- Seek medical attention immediately. Document your injuries and keep detailed records of treatments and bills.
- Preserve the product. Keep the defective item and any packaging, instructions, or receipts. These can serve as key evidence.
- Gather evidence. Take photos of your injuries, the product, and the scene where the injury occurred. Collect witness statements if possible.
- Do not tamper with the product. Do not attempt to fix or modify the item, as this could compromise your claim.
- Contact an attorney. A personal injury attorney can evaluate your situation, explain your rights, and ensure your claim is filed within the statute of limitations.
How We Can Help Protect Your Rights
At Rochelle McCullough LLP, we understand how overwhelming it can feel to pursue a product liability claim while dealing with injuries and financial strain. Our team is here to guide you through the process, ensuring your case is handled with care and precision. We will help you gather evidence, file your claim on time, and advocate for the compensation you deserve. Holding manufacturers and sellers accountable for defective products is not just about your recovery—it’s about preventing harm to others.
Contact Our Experienced Texas Product Liability Attorneys
Understanding the time limits for filing a product liability lawsuit is key to protecting your rights. Acting promptly ensures your opportunity to seek justice and compensation isn’t lost. If you’ve been injured by a defective product, contact Rochelle McCullough LLP today for a consultation. Let us help you take the next steps.