When any of us purchase or use a product, we expect that the product will not cause us harm but will instead function as it is intended. Sadly, this is not always the case. The use of products that are not properly made or that provide inadequate warnings often results in serious injuries or even death. When injury like this occurs, the manufacturer or seller bears liability. This is known as product liability. Product liability can be brought against a manufacturer or seller of a product that causes injury, death, or damage to property.
Types of Product Liability
There are three main types of product liability of which you should be aware. These include:
1. Design Defects;
2. Manufacturing Defects; and
3. Failure to Warn
1. Design Defect
A design defect is one in which the issue with the product lies with its very design. In other words, if the product was made according to how it was planned, if the design injures someone or causes property damage, the designer can be held liable.
In order to recover for injuries caused by a design defect, you must demonstrate that:
- The alleged design defect was the actual cause of the damage; and
- There was a safer alternative design.
2. Manufacturing Defect
A manufacturing defect is one in which there was not necessarily a problem with the design of the product, but rather an issue with how it was manufactured. Put simply, a manufacturing defect is an error with the production of the product. Manufacturing defects can occur within just one unit of a product, or can impact all units manufactured and sold.
3. Failure to Warn
Whenever a product has a potential danger to it, it’s required that there be adequate warnings or instructions on the product notifying the public of such risks. Sellers can be held accountable if they fail to provide adequate warnings.
How Much Time Do You Have to Bring a Claim?
After you have been injured in an accident, there is a limited time during which you are entitled to bring a claim for product liability. This limited time is referred to as a statute of limitations. Texas’ statute of limitations for product liability actions resulting in injury is two years from the date of the injury or the date that you became aware of the injury. Additionally, the date on which you file a claim must be within 15 years of the date of the sale of the product (by either the manufacturer or the seller). Should you fail to file your claim within the allotted statute of limitations, you can risk losing the right to compensation.
The Attorneys at Rochelle McCullough Help Those in Texas Who Have Been Injured by a Product
If you are the victim of a defective product that led to an injury, you may be entitled to compensation. That’s why it’s imperative that you speak with a qualified Texas product liability attorney as soon as possible.
The knowledgeable and experienced lawyers at Rochelle McCullough help victims of defective product to get their lives and their livelihood back on track. It can be difficult to prove product liability, so it is imperative that you speak with a lawyer as quickly as possible to protect your rights.