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When it comes to personal injury, individuals can file product liability claims when they’ve been injured because of a manufacturer, seller, or distributor’s negligence that led to a product being dangerous or defective. Consumers have legal protections when they’ve been injured by products that are dangerous, and the Consumer Product Safety Act of 1972 provides for a commission that can issue recalls or ban products.
There is currently no federal product liability law, so product liability claims vary by state. Texas operates under a strict product liability law, meaning that manufacturers and designers are responsible for the harm their products cause – it doesn’t matter whether they were careless or reckless, though individuals can also file a claim based on negligence if they have evidence.
To have a successful product liability claim, victims must prove certain elements and have substantial evidence so the at-fault party in question can’t evade liability or blame the consumer for their injuries.
You must prove the following elements to obtain compensation in a claim:
Though individuals generally have two years from the date of injury to file personal injury claims in Texas, when it comes to product liability the statute of limitations to file a claim is 15 years from the date of purchase. Some individuals can take additional time if their injuries were delayed or if the product came with a longer warranty. This is all information that Chris Morrow can help you understand when you call us for a free consultation.
At Chris Morrow Law, we work for you and we won’t stop until you get the compensation you deserve.