A defective products claim is also known as products liability claim. It is a claim that has a basis on various theories that include the following:

  • There is a defect that is inherent in the design of the product
  • There is a defect in the manufacture of the product
  • There is no appropriate warning about the dangers that the product may cause in normal and expected use

To be successful in a products liability lawsuit, expert testimonies in the field of engineering, science and medicine are usually needed. In addition to establishing the defect in a product, you must also be able to prove that the defect resulted to your injury and that you have sustained compensatory damages along with it, such as medical expenses, lost income, pain, disfigurement, suffering and impairment.

If you think that your injury was caused by defective products, you should get in touch with a qualified lawyer right away. You should set the faulty product aside including any operating manual and packaging instructions that come with it. Seek medical attention for your injuries immediately and follow the instructions of your doctor. The faulty product as well as your injuries should be photographed and the names, contact details and addresses of any witnesses written down. If you have injuries that cannot be seen such as pain and suffering, they should be documented in writing as well.

Almost all businesses can be made accountable for injuries sustained from defective products. These include the product manufacturer, the maker of the components that make up the faulty product, the product advertisers, the retailers and sellers of the product, the product designer and the product distributor. Even if the victim died as a result of a defective product accident, the case can still be pursued as a survival or wrongful death claim. No matter how careful the manufacturer was about its product, the company can still be held liable if it caused injuries in the course of normal use. This is called strict liability.

Strict liability in defective products means that even if the defendant was not at fault for the defect, the faulty product makes it unreasonably hazardous, thereby making the company responsible. If a person remanufactures a used product, he or she can be subjected to the same regulations for products liability that is applied to the original manufacturer.

In the state of Texas, a defective products claim should be made within two years. This is called the statute of limitation and it usually commences from the date that the injury occurred. This is the reason why should contact a qualified attorney immediately defective products lawyer. In Plano, call the personal injury lawyers at the The Goolsby Law Firm. We have the skill and experience to provide you with an aggressive representation in court and give you the maximum compensation allowed by law for your injuries and other damages. We work on contingency fee basis so you do not have to pay us anything unless we are successful in claiming damages for you.

The Goolsby Law Firm – Protecting Your Rights
(972) 394-2141