If you grew up in Texas, you may have heard of mothers who line all the kids up for a spanking, so that she will get the right one. In a way, that is the reasoning behind bringing the product makers to justice when their product was defective and it injured you.
A product begins on the design table. Engineers begin the design and from there, it works its way through many hands until it is on the rack of a manufacturer. The manufacturer then takes the design which is painfully detailed, and turns the design into a product. If there is any variation in the design or manufacturing of the product, it can cause the product to be defective and injure someone.
If the people who design it or the people who manufacture it knows there are certain situations that will cause the product to malfunction, they must warn the public. If the people who sell it are made aware of the product defect and they continue to sell it, they also are in the loop of liability.
The Chain Of Distribution
When it comes to a product liability case, your attorney will take on a “more the merrier” attitude. The product changes hands and many points. The chain may reach around the globe. The more people involved, the more they will share liability. The legal term for this is “Joint and Several” liability. That is good news for you. It is easier to get 10 people to pay $10,000 than it is to get 1 person to pay $100,000. If one party cannot pay, the others have to pay on their behalf. They may argue with each other about who will pay the lion’s share of the pie.
If the plaintiff is in another country, it will not affect your ability to sue them. In most cases, they are held to the laws of the country where they do business.
Statute Of Limitations
Every state is different. In the state of Texas, the statute of limitations is 2 years from the date you were injured. However, if the product you used was manufactured 15 or more years ago, you cannot sue.
As you can see, identifying who is responsible, then drawing up the lawsuit takes time. Two years may seem like a long time to you, but your attorney would disagree. Speak with a defective product claims lawyer as soon as possible. If you want to go forward with the case, they can help you get the ball rolling. Do not hesitate or your time could run out.
Every year thousands of people are injured because of defective products. Some may be as unexpected as an overheated cup of coffee, causing 3rd-degree burns and skin grafts. Others are more deadly. A toddler manages to get a piece of a toy off and it lodges in their throat. A family’s car is rear-ended resulting in their car bursting into a ball of flames. A smoking device explodes when it is plugged into the car charger. The list goes on and on. These types of cases are not frivolous. They matter. They ensure that what happened to you will not happen to someone else in the future.
For more information, speak to our defective product claims attorneys.