Who is Responsible for Product Defects?
As your attorney, my job is to establish who is responsible for your injury. Possible negligent parties in a consumer injury case may include the:
- Product designer
- Transportation company/loading crew
Under Texas law, you have the right to file a strict liability claim for a defective product, which holds the manufacturer, retailer, or another party responsible for the accident. In these types of cases, the defendant must prove that they were not negligent and not responsible for the accident.
Filing a Claim
When taking on your case, I conduct a thorough investigation into how the accident happened and who is at fault. Using the available evidence, I must establish that:
- The product was defective;
- The product is what caused your injuries; and
- You suffered damages as a result of the accident.
Evidence that may include product design blueprints, medical reports, photos/videos of the accident, expert testimony, eyewitness testimony, accident reports, or other documents from the manufacturer or other company.
Statute of Limitations in Texas
The statute of limitations for product liability cases in Texas is twofold. First, the statute of limitations for a personal injury claim is two years from the date of your injuries. However, the statute of repose gives you 15 years from the time the product was first sold.
For instance, if you purchased the product in 2000, and your injury was in 2017, you may no longer be eligible to file a claim. However, if you purchased the product in 2000, and you were injured in 2010, you would have until 2012 to file a personal injury claim.
Assessing Possible Damages
You may be entitled to claim economic and non-economic damages from the accident. Damages may include medical bills, lost wages, disability/dismemberment, pain and suffering, property damage, loss of consortium, or loss of enjoyment of life.
I can assess your damages and fight for the maximum compensation possible based on the full extent of your losses. Instead of allowing the insurance company to determine your case value, I can work with you to calculate what your case is actually worth.