When you’re on the cutting edge of technology, others will be chomping at the bit for someone to get hurt by your products. You may be new to the game, challenging the status quo, and offering people new ways of living life. Being a mover and shaker in tech or any industry can paint a target on your back.
There’s always a risk when you create something new. However, you shouldn’t have to be held 100% liable for misuse or abuse of your products.
Wcislo Law Group can help innovative companies defend against claims that their products are dangerous, defective, or even fraudulent internationally. Our defective product defense attorneys will craft a unique strategy to work toward the best possible outcome.
Product liability covers a broad area of law and types of defective and dangerous products.
Some common types of defective product claims include:
- Defective marketing - The product was assembly incorrectly at the factor, was made of poor components, or was otherwise tainted
- Defective design - The product's design itself is inherently dangerous, such as fire-risk prone wiring, instability, or a lack of basic safety features
- Failure to Warn - The product did not contain proper warnings or instructions to prevent or avoid harm, or following given warnings instead leads to harm
Texas is a strict liability state for product liability claims, meaning the victim does not need to prove intentional negligence on the part of the designer or manufacturer. All the victim needs to prove is that a defect in the product directly led to their injury.
Texas Product Liability Law
In Texas, the laws for product liability are very strict. According to the Texas Product Liability Act, it is the manufacturer who is responsible for its product -- negligence does not matter. If a company’s product is defective and its use led to harm, then the defendant is responsible and legally liable for injuries.
Common Defenses Against Product Liability Claims
Has an individual or another party made a claim against your product? At Wcislo Law Group, our skillful product liability attorneys in Dallas are backed by years of experience. If you schedule a consultation with our firm, we are more than prepared to discuss your situation and provide you with options that will work in the best interest of your company.
Below are some common defenses typically made against product liability cases:
- Assumption of Risk - declaring that the consumer was aware that there was risk involved when using the product, even if it is being used as intended
- Unrelated Injury - arguing that the injuries in the claim are not related to the use of the product, for example, they may have been pre-existing injuries
- Altered Product - the product was altered after it left the manufacturer’s factory. For example, if the product was damaged during shipment or a vendor altered the product before selling it, then a manufacturer may not be held liable for damages
What is the Statute of Limitations for a Product Liability Case?
The time limit for filing a product liability case is generally 2 years from the date of the incident, with some exceptions. Texas also has a statute of repose, which is a window of time when consumers may bring product liability claims against manufacturers, which starts from when the product is first sold. In Texas, once 15 years have gone by since a product was first sold, then consumers are no longer allowed to make claims for that defective product.
How We Can Help You Fight a Product Liability Claim
Every day, more and more products are coming online that operate autonomously or use artificial intelligence. These marvels can herald growth in our understanding and application of new technologies. However, accidents, misuse, or abuse of these products can stop your company’s progress in its tracks.
Our international attorney concentrates his practice on providing proactive and creative legal solutions for companies that advance consumer products. If you need representation in a product liability lawsuit, reach out to Wcislo Law Group, PLLC for help
Our lawyers can help your company litigate matters concerning its liability for a product you designed or manufactured. If you’re facing a personal injury claim, wrongful death lawsuit, or other legal action, we may be able to help.
Contact us online to schedule a free consultation to help us become familiar with your situation and explain how we can help you.
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