Products can be defective for many different reasons. The types of defects that our legal team encounters in product liability cases in Texas and New Mexico typically fall within three categories:
- Design defects – The product is inherently dangerous due to its design. Unfortunately, manufacturers may fail to detect the flaw during testing, or may ignore test results and still put the product on the market.
- Manufacturing defects – The product is dangerous due to the way it was assembled or packaged.
- Inadequate warnings – The manufacturer failed to warn about side effects associated with a product or to tell consumers that a product could be dangerous if used a certain way.
If you or a loved one suffered injuries due to any of these defects, you have the right to sue the manufacturer, distributor and retailer behind the unsafe product. These parties may be legally responsible, or liable, under one or more legal theories, including:
- Strict liability
- Breach of express or implied warranties.
It is important to note that, in a strict liability claim, you do not have to prove that the manufacturer acted negligently. Instead, you need to prove that:
- The design, manufacturing or labeling defect existed when the company sold the product.
- The defect caused your injury.
- Given the nature of the defect, your injury was reasonably foreseeable.
The Sloan Firm will determine the type of defect and legal theories that your case involves. To seek maximum compensation for you, we will explore all possibilities.
What Items Are Commonly Involved in Product Liability Lawsuits?
You can pursue a product liability lawsuit if you suffer harm from any type of manufactured product. The types of defective products that our Longview product liability attorneys most often encounter are:
- Medical devices
- Prescription and over-the-counter drugs
- Automobiles and automotive parts
- Motorcycles, scooters and ATVs
- Tools and equipment
- Children’s products (toys, cribs and car seats)
- Propane tanks
- Construction and insulation materials (such as those containing asbestos)
- Household appliances (including space heaters).
Our law firm also handles cases that involve harmful food products. For instance, a company may package and distribute contaminated meat, fruit or vegetables.
While defective products vary, our approach at The Sloan Firm stays the same: We focus on protecting your rights and interests and on pursuing the maximum amount for you.
What Are Your Legal Options If Harmed by a Defective Product?
Because many people may suffer the same harm from the same defective product, many product liability claims are litigated as:
Class action lawsuits – When the legal claims of multiple plaintiffs are joined together in a single lawsuit. One or more people whose cases represent those of the other class members may serve as “named plaintiffs.”
Mass tort cases – When plaintiffs each maintain individual lawsuits, but a court consolidates the lawsuits in a single state or federal court. Consolidation helps to move pretrial proceedings along in an effective, time-efficient manner. Cases centralized in a state court are called multicounty litigation (MCL), while cases centralized in a federal court are called multidistrict litigation (MDL).
What matters to you, matters to us. As we review the legal options available to you in your product liability case, we will focus on your specific needs and goals. We will work with you to determine the best legal options for you. We will then get to work on aggressively pursuing that option.
Note: If you receive a settlement notice in the mail, offering you an opportunity to file a claim for compensation from an established settlement fund, contact our product liability law firm before you accept the settlement offer. Once you accept a settlement and sign a release, you lose your right to take further legal action. The Sloan Firm can advise you on whether you would serve your best interests by filing a claim through the fund.
How Long Do You Have to File a Defective Product Lawsuit?
As you decide whether to take legal action after you or a loved one suffered harm from an unreasonably dangerous and defective product, you need to pay attention to time limits that may apply to your case. Those time limits are:
- Statute of limitations – This law requires you to file a lawsuit within a certain number of years after your product-related injury occurred or after you could have reasonably discovered the injury. For instance, the statute of limitations in Texas is two years, while in New Mexico, it is three years.
- Statute of repose – In some states, you must bring a lawsuit within a certain number of years after the manufacturer, wholesaler or retailer sold the product. The statute of repose in Texas is 15 years from the date of sale. However, New Mexico does not have a statute of repose.
In order to ensure that you file a timely product liability claim in your case, make sure to get in touch with The Sloan Firm as soon as possible. We can discuss the product liability statute of limitations or statute of repose that applies to your case, and we can advise you on whether you have time to file a claim.
Get Help from Our Longview Product Liability Attorneys Today
If you have been injured or lost a loved one in Texas or New Mexico due to a defective product, allow The Sloan Firm’s defective product lawyers to put our skill, experience and resources to work for you. We take product safety and the rights of consumers seriously. We will work tirelessly to pursue a result that meets your needs and provides the compensation you deserve. Call or reach us online today to get started with a free consultation. We can meet at our offices in Longview, Houston or Santa Fe or any location that is convenient for you.