Defective Products
The Right Choice for Your Defective Products Case
Defective Product Lawyers in Corpus Christi, Texas
While most products meet safety standards and provide the intended utility, when there are defects, it can lead to serious injuries, financial losses, or even prove fatal. A defective product is defined as any commodity or good that poses an unreasonable risk due to design, manufacturing, or labeling flaws.
Texas follows the doctrine of strict liability when it comes to defective products. Under strict liability, a person or entity can be held liable for the harm caused, even if they took all reasonable precautions to prevent the harm and did not act intentionally or negligently. If you are injured because of a defective product, you have the right to pursue a product liability claim against the manufacturer, distributor, and retailer responsible for providing the defective product.
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About Defective Products
What are Defective Products?
A defective product refers to any product that fails to perform safely and effectively as expected due to some form of flaw or error. In the legal context, a product is considered defective if it poses unreasonable risk of harm to someone when used as intended or in a reasonably foreseeable manner. This definition extends beyond the physical makeup of the product to include its labeling, instructions, and even marketing.
Common Types of Product Defects
Product defects generally fall into three broad categories, each reflecting a different origin of failure. Understanding these can help consumers to identify potential risks and can help legal professionals to develop litigation strategies.
Design Defects:
These defects are intrinsic to the product’s design. Even if the product is perfectly manufactured according to its design specifications, the fundamental design is unsafe. An example might be a car design that makes it prone to rollovers.
Manufacturing Defects:
These occur during the manufacturing process and result in the product deviating from its intended design. This might include poor-quality materials, incorrect assembly, or failure to adhere to quality control procedures. For instance, a rubber tire may be contaminated with other ingredients during manufacturing.
Marketing Defects:
Also known as “failure to warn” defects, these involve inadequate instructions, warnings, or recommendations about the product’s use. Consumers should be informed of any potential risks or hazards associated with the products’ use. Marketing defects can also include incorrect labeling or insufficient safety warnings. For example, a pain relief medication that does not include on its label a warning about potential severe side effects when combined with another common medication, could be considered defectively marketed.
Understanding these defects is crucial for anyone who has been injured by a defective product, as it helps clarify the basis for claims and the direction for legal action. These standards help to protect consumers by holding manufacturers and other entities in the supply chain accountable for ensuring that their products are safe when used as intended. If you or a loved one have suffered due to a defective product, it is important to seek legal counsel to understand your rights and the potential for compensation.
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What Compensation Can You Claim From Defective Products?
If you have been injured by a defective product, you may be entitled to various types of compensation. The goal of this compensation is to make you whole again by paying for your losses and acknowledging your pain and suffering. Common damages you can claim:
Medical Costs:
This includes all past, present, and future medical expenses related to the injury caused by the defective product. It covers hospital bills, surgical costs, medication, rehabilitation, and any other future necessary medical treatments.
Lost Wages:
If your injury has caused you to miss work, you can claim compensation for the income you have lost during your recovery period. This also includes any future lost earning capacity if your injury prevents you from returning to work or from performing the same job functions.
Pain and Suffering:
Pain and suffering damages compensate you for the physical pain and emotional distress caused by your injury. This is more subjective than other types of damages and can include anxiety, depression, and loss of enjoyment of life.
Disfigurement:
Pain and suffering damages compensate you for the physical pain and emotional distress caused by your injury. This is more subjective than other types of damages and can include anxiety, depression, and loss of enjoyment of life.
Property Damage:
If the defective product also caused damage to your property, you can claim the costs of repairing or replacing the damaged items.
Punitive Damages:
In cases where the manufacturer’s conduct was particularly egregious or reckless, you might be entitled to punitive damages. These are intended to punish the defendant and deter similar behavior in the future.
Critical Deadlines You Need To Know About Defective Products
Statute of Limitations
It is essential to act quickly if you believe that you have a defective product claim. In Texas, the law imposes a strict time limit, known as the statute of limitations, on how long you have to file a lawsuit.
- General Time Limit: For most defective product claims, the statute of limitations in Texas is two years from the date of injury. This means you have two years from when the injury occurred to file a lawsuit against the responsible parties.
- Discovery Rule: In some cases, the injury or defect might not be immediately apparent. Texas law recognizes the “discovery rule,” which allows the statute of limitations to begin when the injury or defect is discovered, or reasonably should have been discovered.
- Exceptions: There are specific exceptions and nuances in the law that might extend or shorten this period, such as cases involving minors or when the manufacturer fraudulently concealed the defect.
Statute of Repose
Product liability claims are further governed the statute of repose. The statute of repose sets a strict deadline of 15 years from the date a product was first sold or leased for filing lawsuits related to defects that cause personal injury or property damage, regardless of when the harm occurred. This statute aims to provide a cutoff point for potential liability, promoting legal certainty and protecting manufacturers and sellers from indefinite exposure to lawsuits related to older products.
Filing within the Statute of Limitations and Statute of Repose is critical because if you miss this window, you will lose your right to seek compensation altogether. Product liability cases are among some of the most difficult cases, due to the laws that apply. At Perkins & Perkins, we encourage you to contact us as soon as possible to ensure that your claim is filed timely and to preserve your right to justice.
