As you go about your daily life, whether driving to work or doing chores around the house, you use a variety of different products. You expect those products to work as intended and to be safe when used properly.
Unfortunately, sometimes consumer products have defects that can end up causing harm. A Midland defective products lawyer from Schechter, Shaffer & Harris can help you determine if a defect caused injuries and if you can sue for compensation. Learn how our skilled personal injury attorneys can represent you.
Different products have different properties and uses, and the manufacturer of a product has a responsibility to make it safe when putting it into the market. Defects fall into a few categories depending on their origin.
One type is a design defect, meaning that the issue is one that creates a risk based on the product’s design by its manufacturer, such as using a design or mechanism that is not as safe as an alternative that should have been implemented.
Another type is a manufacturing defect, which occurs when a product is assembled poorly or altered downstream from the original manufacturer, such as by a retailer or other seller.
In a different vein, some products carry risks inherently—such as flammable chemicals, medications, and some appliances, among others—and a manufacturer must place warning labels on a product to disclose those risks. A marketing defect, also known as a failure to warn, can occur if a manufacturer puts out a product without disclosing known risks as required.
The kinds of injuries that a defective product can cause will also vary depending on the product itself and its use. For example, a defect in a car can lead to a motor vehicle crash while a defect in a cleaning product could lead to skin damage or a medical condition. Working with a Midland attorney familiar with defective products can help an injured person figure out if a defect is to blame for an injury and how to make it right.
Texas law allows consumers to sue for compensation based on defective products, and a manufacturer can be held strictly liable for putting out a product with a defect. There are some complexities for certain products, such as products approved by federal regulators and questions of where and when a defect was created.
The timing of a products liability claim can also become nuanced, as a plaintiff has two years to bring an injury claim from when the claim “accrues” under Texas Code Section 16.003. If a defect causes a medical issue that worsens over time, the date by which a claim must be filed could shift.
Ultimately, a Midland product liability attorney can provide answers to questions of whether a claim exists and how to pursue it. An attorney can also handle the gathering of evidence regarding the product, its manufacture, and its journey from the original manufacturer to the consumer who was injured.
Identifying the link between a defective product and your injury can require a legal professional and accompanying experts in the given sector. With the help of Schechter, Shaffer & Harris, you can get the support you need to bring your claim after an injury.
A Midland defective products lawyer can guide you through the legal process and act in your best interests. To learn more about defective products and the injuries they can cause, call our offices today.
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