Snellings Law PLLC Attorneys are Personal Injury Trial Lawyers
Product Liability Lawyers
What is Product Liability?
I still remember the day I went out to my mailbox and saw the letter. On the outside, it looked like any other letter, but the return address was from a law firm at which I had interviewed the week before. I stopped right there and opened it. With my heart pumping so hard I could feel it in my fingers, I read the first word – “Congratulations!” That was it. I had a job coming out of law school, and I was going to be a personal injury lawyer focused on…products liability. Awesome! But…what exactly is products liability? I mean I knew what it was generally, but I didn’t know a whole lot about it. Needless to say, by the time I left to start my own firm 4 years later, I knew quite a bit about it!
Product liability is an area of the law that holds product manufacturers and vendors responsible for the safety of their products. The aim of this area is to ensure that products placed into the marketplace are safe and do not cause injury.
What qualifies for a Product Liability Claim?
There are several different types of product liability cases. These can range from household products like cleaners and appliances to items you might find in your garage like ladders and power tools. It also includes larger motorized products like motorcycles and cars to buses and airplanes. Other areas where product liability suits are often seen include healthcare products, pharmaceuticals, asbestos, elevators/escalators, food products, and others. Chances are that if it was designed and manufactured in an unsafe manner – there is a potential product liability claim.
In Texas, you typically have to file your suit within two years of the date of injury caused by a product. There may be an exception if the injury was not immediately evident at the time it occurred; however, this exception is difficult to prove and should not be relied upon. Texas also has a statute of repose which states that if the product is more than 15 years old, the designer and manufacturer are no longer on the hook for a product liability claim.
In Texas, a product liability claimant must prove the following elements to succeed:
- The product is defective;
- The product has no substantial change in its condition;
- The defect made the product unreasonably dangerous; and
- The defect caused the alleged damages.
The claimant must typically specify whether the defect is based on one of the following:
- Design Flaws- the product was flawed from the start. Something is wrong with the planning and configuration plans of this product. Must also prove a safer alternative design.
- Production/Manufacturing Flaws- the product was faulty. The product failed to match the design specifications.
- Advertising/Warning Flaws- Must prove the lack of an adequate warning.
Do I need a personal injury attorney for a product liability suit?
Without a personal injury trial attorney, it is next to impossible to file, litigate and win a product liability case. A plaintiff must retain experts to help him or her prove up their case – many times several experts. Therefore, pursuing product liability cases can be quite expensive. As such, most attorneys will not pursue a product liability case unless there are severe to catastrophic damages. It simply does not make monetary sense to pursue a claim where the damages will not support the expense and time to prosecute such a difficult claim.
A knowledgeable personal injury attorney will have an in-depth understanding of the law, and know exactly how to evaluate and potentially proceed with your case. It is important to act in a timely manner in a product liability case, because again, your Texas product liability claim will typically be barred two years from the date of injury.
How can Snellings Law help me?
Here at Snellings Law PLLC, personal injury law is all we do. We are experienced trial attorneys and are willing to litigate for you all the way to the court room. Our attorneys are knowledgeable in their craft and will help guide you through your case. We understand how stressful these situations may be, but we are here to help you.
If you or a loved one has been injured due to a product liability issue, call Snellings Law today. We will answer any questions you may have and we would be happy to discuss case options and the intake process.
For more information on product liability, visit our Products Liability page.
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