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Each year, thousands of people in Texas suffer injuries due to defective products. Some of these individuals lose their lives, while others suffer permanent disabilities. Some are left disfigured and crippled, affecting their mental and physical well-being for the foreseeable future. If you were injured by one of these dangerous products, you might be wondering what to do next. Rest assured that Texas protects its consumers with strict personal injury laws. If you were injured by a defective product, you can file a lawsuit against the company responsible. This can provide you with compensation for your damages, but the process is not always easy. To discuss your next steps in more detail, consider a consultation with a product liability lawyer in Texas.
If you were injured by a defective product in Texas, contact David Sanchez Law Group, PLLC today at (972) 529-3476 to learn more about your legal options.
Your first step should be to gain a basic understanding of how product liability lawsuits work in Texas. In order to file a lawsuit of this nature, you need to show that the product was defective in one of three ways:
A design defect occurs at the research stage of product development. These kinds of mistakes happen when the blueprints or prototypes are first created. For example, a recreational drone might have been designed with a problematic set of wings that collapse after a certain number of flights – sending showers of shrapnel down on people.
A manufacturing defect occurs when the product is created in a factory. For example, a factory worker might forget to put a crucial screw into a blender. When the consumer uses the product in their kitchen, it might explode and send shards of sharp metal across the room.
A marketing defect occurs during the advertising stage of product development. This type of defect is not physical in nature, and it applies to the messaging conveyed by the company. For example, an advertisement might show someone using a chainsaw to shave their mustache. Someone might attempt this in real life with horrific consequences, assuming
that the advertisement showed the product being used correctly.
“Strict liability” generally applies to product liability cases. In other words, you do not need to prove that the company did anything “wrong” while designing or manufacturing the product. Instead, you merely need to show that the defect exists. The court generally assumes that the company is responsible for your injuries.
Although you might not need to prove the company’s fault due to strict liability, you still need to prove that your injuries are legitimate. In order to accomplish this goal, you should seek medical treatment as soon as possible after your injuries. Even if you’re not sure whether you have suffered serious harm, it always makes sense to get an official diagnosis from a licensed doctor.
Generally speaking, you should document everything after a product injury – including your medical journey. When you seek medical treatment, your medical records should contain information about your injuries. You can use these records to prove that your injuries are real. If you fail to take this step, you might lose the opportunity to file a product liability lawsuit.
The statute of limitations is another important concept to understand when filing a product liability lawsuit. The statute of limitations for product liability lawsuits in Texas is two years. In other words, you generally have two years to file your lawsuit after you become aware of your injuries. In most cases, this time limit begins immediately after the accident.
In other cases, however, you might only receive a diagnosis many years after the accident. For example, a defective product might expose you to a harmful toxin, such as mercury or asbestos. If you are diagnosed with an illness 10 years later, you could potentially still sue – despite the two-year statute of limitations. This is because you only became “aware” of your injuries when you received the diagnosis. The statute of limitations highlights the need to get started as quickly as possible.
If you have been searching for an experienced product liability lawyer in Texas, look no further than David Sanchez Law Group, PLLC. We know how devastating a product injury can be, and we know how uncertain the future might seem. You are not alone in this situation, and we can help you recover the compensation you need to cover your damages. Call today at (972) 529-3476 for your consultation and learn how David Sanchez Law Group, PLLC can assist with your legal options.
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