When you pay a fair price for a consumer product, you expect it to work just as the company advertised. You generally don’t anticipate that the device will harm you. Before a product hits the market, manufacturers should thoroughly test it to ensure it’s safe for public use. Unfortunately, when companies fail to inspect their goods, they can cause consumers significant harm.
Seeking a fair settlement from a manufacturer can be a challenging endeavor to manage alone, which is why retaining a League City defective products lawyer is so important. An experienced personal injury attorney can help you identify whether you have a valid case, construct a comprehensive settlement demand, and tirelessly pursue the compensation you deserve.
Common Grounds for Defective Product Settlements in League City
In Texas, defective merchandise claims fall under product liability law, meaning you don’t have to prove negligence to have valid grounds for a settlement. As long as you can verify the product you bought had a defect and caused you harm, you can hold the manufacturer strictly liable for your damages. At Haines Law, we typically pursue claims involving defects in the product’s design, manufacturing, or warning label.
A product with a defective design is dangerous even if you use it as directed. Texas Civil Practices & Remedies Code §82.005 states that you must prove that the manufacturer had access to a safer alternative design at a reasonable cost.
A manufacturing defect occurs when the company producing the product assembles it incorrectly, causing harm to consumers. This type of error may only affect a particular batch of goods.
Failure to Warn
When a manufacturer fails to provide consumers with adequate instructions or warnings about the product, you can pursue a settlement for a failure to warn defect. Our attorneys can help you determine what type of product defect caused your injuries.
What Are the Potential Obstacles in a Product Liability Claim?
Though you don’t have to establish negligence in a product liability claim, you could face other legal obstacles when pursuing a settlement. You must be aware of the deadline for initiating settlement negotiations. Additionally, some product manufacturers may have a valid defense against your claim.
What Is the Deadline for Filing for Pursuing a Settlement?
Under Tex. Civ. Prac. & Rem. Code §16.012, a valid product liability claim must start no later than 15 years after the date you first purchased the product. However, you may still be able to pursue compensation if the device had a written warranty promising a functional life longer than 15 years.
A Possible Defense to Design Defect Claims
Tex. Civ. Prac. & Rem. Code §82.008 establishes that product manufacturers cannot be civilly liable for design defects if their product conforms to relevant and mandatory federal safety standards. If your product liability case involves a design defect, our knowledgeable lawyers can prepare for those types of arguments.
A League City Defective Products Attorney Can Help
While there are a few exceptions, most companies that sell consumer goods bear strict liability for their products. If a product caused you to suffer injuries, you could request a settlement from the manufacturer.
A League City defective products lawyer can serve as a steadfast ally throughout the negotiation process, only resorting to a court case if necessary. Reach out to our office today to schedule a consultation and discuss your case.