Did You Buy a Defective Product? Here Are Your Consumer Rights in Texas

Dec 14, 2018 | Personal Injury

Did you hear about the recent cases of exploding glassware? Were you or a loved one injured while using this product? If you suffered an injury due to this or any other product, you may be eligible for compensation.

Some Texans believe that only certain injuries or products entitle them to file a defective product lawsuit. Yet, that’s far from the truth.

Don’t think you can file your faulty product claim? We’ve you covered. We’ll tell you all you should know about defective product claims and your eligibility for filing your lawsuit. Read on to learn more.

You Bought a Defective Product: Now What?

So you heard on the news the product you bought last month is defective. Maybe you or a loved one suffered an injury while using it. You or your loved one may be eligible for legal action under Texas law.

Your cause of action and compensation eligibility will depend on your injury and the product. Under Texas law, you must suffer an injury due to the product’s defect in order to file a defective merchandise claim. In order to have a case, you must prove 3 elements.

1. A Defective Product

It all starts with proving the product was defective. What kind of defect did the product have? Was it a design or manufacturing defect?

If it was a hazard, you should keep in mind that your eligibility will depend on your knowledge of the hazardous condition. Only proving the product defect or fault isn’t enough.

2. You Were Using the Product

You must prove that your injury was caused by this defect. In order to be eligible for compensation, you had to be using the product according to the manufacturer instructions and designed use.

3. The Product Caused the Injury

The last element you must prove is that the product defect caused your injury or loss. If you don’t have any evidence of the injury or loss, you won’t have a case. Keep in mind that you can prove your injuries by using your medical records or even photos of your injuries.

Your evidence will depend on your case. Besides proving all the required elements, you must file your case within the Texas statute of limitation for personal injury.

The law requires you to file your defective product lawsuit no later than 2 years after suffering your injury. If this term expires, you won’t be eligible for any compensation.

Should You File a Defective Product Lawsuit?

If you meet the minimum Texas law requirements, you should consider filing a defective product lawsuit. It will all come down to the defective product injury.

Did it happen due to the product? Has it been less than 2 years since you suffered the injury? If you answered yes, you may be eligible for compensation for your injury. It’s recommended that you consult a knowledgeable and experienced personal injury attorney.

A defective product lawsuit isn’t easy to prove. You must have the best legal representation in your corner.

Before consulting your lawyer, it’s essential to organize all your evidence of the injuries such as medical records, purchase receipt, among other documents. Your attorney will need this information to define the best approach and outcome in your lawsuit.

Did you or a loved one suffer injuries due to faulty products? Need a lawyer who has your back? We can help.