When you buy a product for your everyday use, you believe that it has been thoughtfully designed, tested and carefully labeled to ensure safety. Unfortunately, it is not unusual for consumers to sustain injuries while using defective and dangerous products.
If you are a victim of a faulty product, you may sue the responsible party for damages. However, one of the things you must do to stand a chance of winning your claim is to file your case in time. It is important that you understand the rules and guidelines for filing a defective product claim in Texas.
Understanding how product liability cases work in Texas
Basically, there are three types of product liability claims in Texas, namely:
- Design defects – A product can be considered defective if its design exposes consumers to unnecessary risk of injury. This applies if the manufacturer fails to use a safer alternative design that could have lowered the risk of injury to the consumers.
- Marketing defects – A product can be deemed defective if it does not come with adequate user instructions or warning labels.
- Deviation from design – A product may still be defective even after meeting adequate design and marketing labels. This happens when an error occurs during the production process or when the seller makes significant modifications to the product rendering it unsafe for use.
Texas statute of limitations for defective products
Every state has a time period within which an injured consumer must file a defective product lawsuit against the responsible party. In Texas, this time period is two years from the date of the consumer’s injury or death that is related to the defective product. That said, it is important to understand that the sooner you file your claim, the easier it will be for you to gather the evidence you need to file a strong case against the responsible party.
If you sustain an injury following the use of a defective product, it is important that you explore your legal options against the product manufacturer, the distributor or the seller as soon as possible.