When products are designed with flaws, they can potentially injury consumers that purchase them. If you have ever experienced a motor vehicle company recall a line of vehicles, it is because their product, or the car, is defective and poses a risk to the health and safety of the person that owns the vehicle.
Defective products can sometimes not come with a warning sign from the manufacturer or designer (such as from the above example with motor vehicle recalls). Accidents and injuries can sometimes be caused by the products themselves when negligence was a part of the product’s creation.
If a loved one in Lubbock suspects that your accident or injuries were caused by a defective product, a Lubbock defective product lawyer from Loncar Associates may be able to help you recover compensation with a personal injury lawsuit against the product’s manufacturer.
But in order to begin the process of proving that a product was defective and caused your injuries, you must prove and base your claim on either negligence, strict liability, or an implied warranty of fitness.
According to the Legal Information Institute (LII), an implied warranty of fitness is when a consumer “requests something for a particular purpose, and the seller then supplies a product for that purpose.” From here, the consumer may be purchasing a product that includes an implied warranty. Strict liability may also be relevant, which could hold a defendant liable for a plaintiff’s damages—regardless of the defendant’s intent or mental state when committing the action.
Furthermore, negligence can take place when a defendant fails to act with reasonable care when compared to how someone else with ordinary prudence would have acted under the same situation.
At Loncar Associates, a Lubbock defective product lawyer may be able to fight for compensation on your behalf while you recover from your injuries due to a defective product. To learn more about beginning a free case review with Loncar Associates, call our law firm today at (800) 777-7777.
HOW LONG YOU MAY HAVE TO FILE A DEFECTIVE PRODUCT CLAIM
Under Texas Civil Practice and Remedies Code §16.003, you may only have up to two years to file a personal injury lawsuit based on a defective product lawsuit in the state of Texas.
The statute of limitations of two years will go into effect the day you are injured. If you fail to submit your claim within this timeline, you may be unable to pursue compensation. The court will likely dismiss your case.
Once the court learns that your defective product case was filed beyond the two-year limit, they will likely grant the dismissal of your case. However, there are several exceptions to this rule. For instance, if the defendant leaves the state following your injury, their time spent outside of Texas may not count towards your time limit of two years to file the personal injury lawsuit.
Another exception is if the injury claim deals with a minor under the age of 18. Regardless of your situation, you may want to consider seeking medical attention as soon as possible (if you have not done so yet). This will help you begin the process of establishing that you suffered real injuries due to the defective product. Medical documentation is one of many forms of evidence you can include in your defective products claim.
PROVING NEGLIGENCE AND LIABILITY
When you are building a defective product case that is based upon negligence, you may be required to prove the four elements of negligence:
- An established duty of care owed to the plaintiff
- Proof that the defendant breached that duty of care
- The plaintiff suffered damages or injuries
- The defendant’s breach of care caused the plaintiff’s injuries
Once you have begun to prove negligence, you can then examine who is the liable party. During a defective product case, the liable party could be the product’s manufacturer. Another example of a liable party could also be the seller of the defective product.
At Loncar Associates, we offer free case reviews to help personal injury victims examine their claims and to learn more about their legal recourse options. To begin your free case review, call Loncar Associates at (800) 777-7777.
WE WILL HELP YOU REGARDLESS OF HOW YOU WERE INJURED
Some detective product injuries can be rather severe. For example, if you were driving a motor vehicle that had a defective part that caused you to experience a car accident, you may have suffered a traumatic brain injury (TBI). According to the Centers for Disease Control and Prevention (CDC), the second leading cause of all TBI-related hospitalizations in the U.S. in 2014 were caused by motor vehicle accidents.
POTENTIAL DAMAGES YOU MAY SECURE
When you experience an injury that you suspect was caused by a defective product, it is important that you seek medical attention to help you prove your damages. Aside from all of the current or future medical costs that you may experience due to a defective product, your other damages may include:
- Lost wages
- Property damages
- Loss of consortium
- Limited earning capacity
- Pain and suffering
- Emotional distress
When you begin to work towards reaching a settlement or are looking to present your defective product case to a court, you will have to monetize all of your damages. Once you do so, you can present this figure to the other party when seeking compensation.
FIGHT FOR COMPENSATION WITH LONCAR ASSOCIATES
At Loncar Associates, we can potentially pursue compensation on your behalf while you recover from your injuries. During this time, a Lubbock defective product lawyer may be able to investigate your claim to help you prove that negligence, implied warranty of fitness, or strict liability make someone responsible for your injuries.
To start your free case review with Loncar Associates, call us today at (800) 777-7777.