Product Liability Lawyers in New Braunfels

What Types of Products are Hazardous to Consumers in Texas?

Consumers throughout the state of Texas need to be aware of the potential hazards in their homes and businesses. There are consumer products on the market that can pose serious risks to the people using those products. Sometimes, the risks are inherent to the product. Other times, user error makes the products more dangerous. Finally, there can be situations where a manufacturer’s negligence creates the risk to consumers.

In any case, if people are aware of the risks, they may be able to avoid potential injuries and accidents involving these hazardous products. The Texas Department of State Health Services has created a list of general consumer products that can be considered hazardous to consumers. Consumers may need to use these products with care in order to avoid potential accidents and injuries.

Some of these hazardous products include obvious dangers. These include things like:

• Lighter fluid
• Lead additives
• Propane
• Paint stripper
• Other solvents and adhesives

These are things that many people likely understand are dangerous. However, the list also includes things where the danger might not be as obvious. For example, the department lists things like:

• Conditioners
• Deodorizers
• Car waxes
• Plumbing supplies

It is important for residents to understand when consumer products pose a significant risk. When people are injured by dangerous consumer products, they may have legal rights. Negligent manufacturers can be held responsible for injuries to Texans. In a products liability suit, people may receive compensation for medical costs, lost wages, pain and suffering and more. With the help of an attorney, victims of dangerous products can understand their legal rights.

Types of Product Defects that Can Lead to Injuries

While many Texas consumers trust companies to make products that are safe for them to use. However, in many cases, products contain defects that can lead to consumer injuries or consumer death. Product liability cases are not limited to consumer goods, but can also include food, defective industrial equipment and defective auto parts.

In general, there are three types of product defects that can result in injuries to Texas residents:

• The first is a design defect. A design defect occurs in the first stages of the product’s development. If a design defect is present, it means that no matter how the product is made it is inherently dangerous.
• The second type of product defect is a manufacturing defect. A manufacturing defect occurs during the production of the product. This means that something has gone wrong while the company was producing the product. If the product had been produced differently, it may not have been dangerous to consumers.
• The final type of product defect is a marketing defect. A marketing defect occurs when the way the product is marketed to consumers is dangerous. These types of defects can occur as a result of inadequate safety warnings, insufficient directions or improper labeling. If the marketing on these products had been different, then the product may not have been dangerous.

It is important for Texas consumers to understand the type of defect that was responsible for causing their injury because the standard for proving each type of defect is different. By filing a product liability suit, and arguing the proper defect, people may receive compensation for the injuries they have suffered.

Statute of Limitations on Product Liability Lawsuits in Texas

Under Texas law, there are limitations to when these suits can be brought against companies. You should understand these rules if you have been injured by a dangerous consumer good. While this post can only provide general information, an attorney can give specific legal advice.

Generally, under section 16.012 of the Texas Civil Practice and Remedies Code, an injured consumer must bring a products liability suit against a company within 15 years after the product was sold to the consumer. This applies to situations when a person is suing a company because of injuries caused by a defective product. The 15-year statute of limitation applies in a variety of situations including in wrongful death actions and personal injury cases.

The 15-year limitation does not apply in a couple of situations. First, if the person was exposed to some harm during the first 15 years after purchasing the product but the harm didn’t manifest symptoms until after the 15 years, then the rule doesn’t apply. Also, the 15-year time limit can be extended if the product was covered by a warranty that lasted longer than 15 years. Then, the case can be brought anytime during the warranty period.

Anyone who suffers injury from a dangerous product should understand their legal rights and the requirements for pursuing legal action.