As consumers, we operate under the assumption that the products we purchase are safe. Unfortunately, that is not always true.
If a product defect has caused you or a loved one injury, property damage or death, then you know this all too well. So, what are your legal options for seeking recompense?
Texas product liability laws
Not all states have specific statutes covering product liability, but fortunately, Texas has the Texas Civil Practice and Remedies Code. This Code devotes an entire chapter to the subject of product liability, clarifying the requirements and options for injured parties.
There are three types of product defects recognized under Texas law:
- Design defects
- Failure to warn
- Manufacturing defects
Each type has specific requirements for liability and what is actionable by law. There are also two additional product defects covered in the Texas Civil Practice and Remedies Code: pharmaceuticals and firearms. However, these classes of products have different rules which function outside standard product liability guidelines.
How do you file a lawsuit?
The statute of limitations for a product liability case in Texas is 15 years, which means you can file at any point during that period. If the warranty for the product is longer than 15 years, the statute of limitations extends to the period of warranty.
As the regulations on product liability are somewhat complex, your first step in pursuing legal action is to consult with an experienced lawyer. They can advise you as to the viability of your case and any complications, such as jurisdiction disputes. They will also need to help you determine whether you should sue the seller or manufacturer-a very important decision. After you have all the information you need, you can proceed with litigation, if advisable.