Defective Products Statute of Limitations

Michael S. Callahan | | Product Liability
Defective Products Statute of Limitations

In Texas, the statute of limitations sets a deadline for filing a product liability claim. This deadline can significantly impact individuals’ ability to seek justice for the harm they have suffered due to a defective product.

The statute of limitations is especially significant for those who have experienced the pain and hardship of a defective product-related injury. It shapes the path forward for seeking legal recourse and obtaining the compensation and closure they deserve.

Understanding the statute of limitations is vital for anyone considering a product liability claim. The statute of limitations sets a deadline for filing a lawsuit, and failing to file within this time frame can result in the loss of the right to seek legal compensation.

For individuals injured by defective products, this means missing out on compensation for medical expenses, lost wages, pain and suffering, and other damages. This article aims to clarify the statute of limitations for defective products in Texas, explain its variations, and emphasize the importance of timely legal action.

Understanding the Statute of Limitations

The statute of limitations is a legal concept that sets a time limit for filing a lawsuit after an injury or other harm has occurred due to the use of a defective product. The purpose of the statute of limitations is to ensure that legal claims are brought in a timely manner while still allowing sufficient time for the parties involved to gather necessary evidence and build a strong case.

In Texas, product liability claims are subject to the statute of limitations set forth in the Texas Civil Practice and Remedies Code. Specifically, Section 16.003 of the Code provides that a person must file a product liability claim within two years from the date of the injury or illness caused by the defective product.

This means that if a person has been injured by a defective product in Texas, they generally have two years from the date of the harm to file a claim against the product manufacturer, designer, distributor, retailer, or wholesaler who is responsible for the defect.

The impact of the statute of limitations on product liability claims in Texas is significant. Failure to file a claim within the two-year time limit can result in the loss of the right to seek legal recourse for the harm caused by the defective product.

Therefore, it is crucial for those who have been injured by a defective product in Texas to act quickly and consult with an experienced product liability attorney to ensure that their rights are protected and that they are able to obtain the compensation they deserve.

Variations in the Statute of Limitations

While the general rule sets a two-year limit, there are exceptions and variations depending on the specifics of each case. These variations recognize that not all injuries are immediately apparent and that certain circumstances may warrant an extension of the filing deadline.

Delayed Discovery of Injury

In some instances, a person may not immediately realize the extent of their injury or illness caused by a defective product.

Texas products liability law allows for an extension of the statute of limitations when the injury or illness could not reasonably have been discovered within the initial time frame.

The Texas Civil Practice and Remedies Code, Section 16.003(a), addresses this scenario, providing an opportunity to file a claim within two years from the date of discovery.

Younger than the age of 18

When a minor is involved in a product liability case, the statute of limitations is usually suspended until they reach the age of majority in Texas, which is 18 years old.

This means that the two-year statutory period for filing a claim typically doesn’t begin until the minor turns 18.

Fraud and Concealment

If the defendant engaged in fraudulent acts or intentionally concealed crucial information related to the defective product, the statute of limitations may be extended.

In such cases, the clock on the statute of limitations may start when the injury or illness is discovered or reasonably could have been discovered

The Importance of Filing a Timely Claim

When it comes to product liability claims in Texas, adherence to the statute of limitations is crucial. This legal time frame sets a deadline for filing a claim after a person has been injured or suffered losses due to a defective product. It is essential for individuals to be aware of this timeframe to ensure that they do not miss the opportunity to seek justice.

Potential Consequences of Missing the Filing Deadline

Dismissal of the Case

If the statute of limitations is not honored and a claim is filed after the specified deadline, the court may dismiss the case. This dismissal can be devastating, as it means that the individual may lose the opportunity to hold the responsible party accountable for the harm caused by the defective product.

Loss of Bargaining Power for a Settlement

In addition to the dismissal of the case, missing the filing deadline can significantly weaken the individual’s bargaining power for a settlement. The party at fault may be less inclined to negotiate a fair settlement if the case is already at a disadvantage due to untimely filing. This can limit the individual’s ability to secure the compensation they deserve.

The Role of a Product Liability Lawyer

When you partner with a product liability lawyer from The Callahan Law Firm, you are enlisting a dedicated legal ally in your personal injury case. Our team serves as your advocates, working diligently to seek justice for the harm caused by a defective product.

How our product liability lawyers can assist you:

  • Conducting a thorough investigation of your case to gather crucial evidence, including photos or videos that depict how the defective product led to your injury or illness.
  • Delving into your case to uncover any additional information that supports your claims, such as recall notices or similar instances of product-related harm.
  • Handling communication with relevant parties on your behalf, including engaging with the legal team representing the product manufacturer.
  • Crafting and submitting legal documents promptly and accurately to meet critical deadlines.
  • Representing you in negotiation meetings to secure a fair and just settlement for your case.
  • Preparing your case meticulously for court proceedings or trial if the decision is made to pursue legal action.

Recoverable Damages in Product Liability Claims

In a product liability claim in Texas, individuals can seek various types of damages to compensate for the harm caused by a defective product. These damages can be both economic and non-economic in nature. It is advisable to consult with a Houston product liability attorney to determine the full extent of the damages and increase the chances of receiving comprehensive compensation.

In extreme cases where those have lost loved ones due to defective products, there may be the possibility of filing a wrongful death action. This legal course of action allows the surviving family members to seek compensation for damages such as medical expenses, funeral costs, loss of financial support, and the emotional anguish caused by the loss of their loved one.

Seeking Legal Guidance and Representation

If you’ve suffered personal injury or loss due to a defective product, seeking experienced legal guidance is crucial. It’s important to take immediate action to protect your legal rights and receive the compensation you deserve. At The Callahan Law Firm, we understand the challenges you may be facing and are here to help.

We encourage you to reach out to a qualified product liability attorney as soon as possible. With a skilled legal representative on your side, you can navigate the complexities of a product liability claim and pursue the justice you deserve. At our firm, we have a proven track record of success in cases like yours.

The Callahan Law Firm’s Role in Your Fight for Justice

It is our firm belief that every individual deserves the opportunity to seek justice and hold negligent parties accountable. We encourage anyone who has been impacted by a defective product to take proactive steps toward filing a timely claim and seeking the legal assistance they need to navigate this complex process. If you or a loved one has been affected by a defective product, we are here to help.

Don’t wait – let us help you take the first steps towards recovery. Contact us today to schedule your no-cost consultation.

FAQ

What is the statute of limitations on product defects in Texas?

The statute of limitations on product defects in Texas is generally two years from the date of injury or damage. This means that individuals must file their claim within two years of the accident or injury. It’s important to contact an experienced attorney as soon as possible to ensure you file your claim within the statute of limitations.

What is considered a defective product?

A defective product is any product that is unreasonably dangerous or unfit for its intended purpose. There are three types of product defects: design defects, manufacturing defects, and marketing defects. When a product causes injury, and it’s determined that one of these defects existed, the manufacturer, designer, or seller may be liable for resulting damages.