When a defective product hits the shelves, serious injuries are essentially inevitable. It generally takes at least a few accidents for the manufacturer to justify the cost of issuing a recall, so a dozen or more consumers almost always get hurt before the flaw in question is addressed.
Thankfully, those who do end up sustaining injuries are usually entitled to compensation for the losses they incur. Before they can seek a payout, though, they must determine who was to blame for the defect.
When it comes to consumer products, a number of parties are responsible for ensuring their safety. The state of Texas recognizes three specific kinds of flaws that can arise when these parties breach their duty or accidents occur during production. Such defects can usually be pinned on at least one of the following parties:
1. The Engineering Firm
When a product has a design defect, the company that finalized the schematics is usually to blame. Engineering firms have an obligation to draw up blueprints for items that don’t pose any major risks when they’re used as instructed. If they breach this duty, they can be liable for any injuries that result.
2. The Manufacturer
When a product leaves the assembly line with an unanticipated defect, the manufacturer is usually considered responsible. These kinds of flaws are often attributed to issues with quality control, but you don’t have to prove negligence on the part of the manufacturer in order to hold them accountable.
Because Texas considers manufacturers strictly liable for product defects, they’re typically at fault for issues that arise over the course of production, even if they take all reasonable measures to prevent them.
3. The Packaging Designer
The third kind of product defect that Texas recognizes is failure to warn. When an item doesn’t have adequate instructions for its use or sufficient safety warnings regarding unexpected hazards, the company that designed the packaging is liable for any associated injuries.
How Long Do I Have to Take Action After Getting Hurt by a Defective Product?
Texas has a unique statute of limitations when it comes to product liability lawsuits. Generally speaking, those who are hurt by defective products have 15 years from the date on which they purchased the item to file a lawsuit against the responsible party.
If the flawed product happens to have a shelf life of more than 15 years, though, this deadline is extended. In such scenarios, the amount of time the manufacturer expressly warrants is the item’s useful life becomes the statute of limitations.
Discuss Your Case with a Product Liability Attorney in Houston
If you were seriously hurt by a defective product, you can count on Chelsie King Garza, P.C. to go up against the liable party on your behalf. For more than 18 years, attorney Garza has been helping families regain their financial footing after devastating accidents. To schedule your free consultation with a product liability lawyer in Houston, fill out her Online Contact Form or call 713-893-8808.
