If you have suffered an injury as a result of a defective or dangerous product, you likely have a products liability case. If so, it could be very beneficial for you to speak to a knowledgeable product liability attorney from Noteboom—The Law Firm. Products liability can be a very complex area of the law, so having a strong legal advocate in your corner truly makes a difference.
As a consumer, you expect that the products you use on a daily basis are safe. Despite this, products liability lawsuits are on the rise. A defective or dangerous product can injure or even kill. Medical devices are one aspect of products liability law. Once implanted in the body, a medical device can cause serious damage. Prescription drugs that were intended to help, can cause harm when not properly tested.
There are many other products that can be dangerous or defective. A seat belt can fail to protect as designed. An airbag could fail to deploy—or could deploy outside of an accident. Power tools can malfunction, and ladders can cause falls when they unexpectedly collapse. Dangerous or defective baby products can cause particular harm to the most vulnerable.
Any time a product fails to work in the way it should work, consumers need—and deserve—legal assistance. Products may fail due to an inherent defect in the design, or due to a defect during the manufacturing process. A Noteboom—The Law Firm product liability attorney can help those injured by a defective or dangerous product to collect equitable compensation.
First, it must be determined whether your products liability claim falls under strict liability and determining responsible parties in the chain of distribution. Strict liability is the standard of liability that makes a person or entity legally responsible for consequences from an activity. Strict liability applies even in absence of criminal intent or fault. Product liability is a prominent example of strict liability. The doctrine of manufacturer’s liability holds manufacturers or sellers responsible for any injury caused by a defective product.
Liability for a manufacturer is generally determined on the basis of negligence, breach of warranty, or strict liability. Negligence is failure to exercise reasonable care during manufacturing or to warn consumers of danger. Breach of warranty entails the failure to fulfill the terms of a promise or claim made to consumers. Liability within the chain of distribution means that at some point during the manufacture of the product something went wrong. This could be due to individual components, the assembly of the product, or an action taken by the wholesaler or retailer. To expand on this:
In the state of Texas, there exists what is known as the “Texas two-step approach” to product liability claims. This means that neither the existence of a defect nor causation can be presumed.
Each state has its own statute of limitations for products liability cases—the window of opportunity an injured person has in which to file a claim. In the state of Texas, the statute of limitations for a products liability claim is two years. This is two years from the date of your injury. There also exist statutes of repose that specify a window from the date the product is first sold. During this window, a consumer can bring a product liability claim for up to 15 years from the date the product was first sold. The reason for statutes of repose is that in many cases an injury is not tied to product defect until much later. A knowledgeable product liability attorney from Noteboom—The Law Firm, can help you determine when your statute of limitations began to run.
Since products liability claims can be particularly complex, if you are injured by a product defect or hazard—or even suspect a defect or hazard caused your injury—you should seek immediate medical attention. It is important that your injuries are thoroughly documented by a licensed medical provider. It is equally important that you keep copies of all your medical records related to your product injury.
These documents can be crucial in helping your product liability attorney prove your injury or illness was the direct result of a dangerous or defective product. After receiving medical attention, you should also check to see if the product has been recalled, or if any MDL cases or class-action lawsuits have been filed against the manufacturer of the product. If there are pending cases, you could decide to join the group, but you should definitely discuss this with your injury attorney to determine whether it is the best approach.
After seeking medical attention, the next step should definitely be to consult with a highly qualified products liability attorney from Noteboom—The Law Firm. It is never in the best interests of a consumer to try to navigate this situation on their own. Few consumers have the knowledge and experience to proceed in such a case—and prevail. Your chances of successfully being awarded compensation for your injuries go up exponentially when you speak to an attorney from Noteboom—The Law Firm. We actually try cases and are not a “settle-cheap” firm like many, preparing every case as if it is going to the Supreme Court. If you are in the following areas, contact Noteboom—The Law Firm: Fort Worth, Dallas, Hurst, Euless, Bedford, Haltom City, Richland Hills, North Richland Hills, Watauga, Grapevine, Colleyville, Southlake, Arlington, Keller, and Grand Prairie.