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Dangerous Product Law, often referred to as Product Liability Law, revolves around the legal regulations in place that hold manufacturers, sellers, and other parties in the distribution chain responsible for injuries caused by defective or hazardous products. It's an integral part of Consumer Protection Law. As a resident in Dallas, you're protected against such potentially dangerous products by both federal and Texas state laws. These comprehensive legal frameworks demand that products should be safe for their anticipated use and should provide adequate warnings to users about potential risks.
In scenarios where you or a loved one has been harmed as a result of using a defective or dangerous product, you may need to seek the help of a lawyer. It can often be challenging to prove that the injury was due to the defective nature of the product without professional help. An experienced attorney can help you file a legal claim against the parties responsible and work tirelessly to ensure you are adequately compensated for your injuries, medical bills, and other losses.
In Dallas, and Texas broadly, the statutes for Dangerous Product Laws are defined in Chapter 82 of the Texas Civil Practice and Remedies Code. These laws cover manufacturing defects, design defects, and failure to provide adequate warnings or instructions. Texas uses the rule of 'modified comparative negligence' meaning if the claimant is more than 50% to blame for their injury, they may not recover damages. An expert lawyer can offer you tailored advice regarding these laws and how they apply to your case.
There are typically three main categories: manufacturing defects, design defects, and defects in marketing (failure to provide adequate warnings or instructions).
First, seek appropriate medical attention. Then, preserve the product in its current condition, document your injuries, and consult with a lawyer to explore your legal options.
While it's not a requirement, having a lawyer significantly boosts your chances of a successful claim as they would have extensive knowledge about the related laws and procedural rules.
The statute of limitations in Texas is 15 years from the date of sale of the product, or the date of the injury.
Under the 'modified comparative negligence' rule in Texas, if you are 50% or less at fault, you may still receive damage recovery reduced by your percentage of fault. If more than 50% at fault, you may not recover damages.
You might find valuable information on the Texas Department of Insurance's website, the US Consumer Product Safety Commission's webpage, and the American Association for Justice's section on Product Liability and Safety.
If you believe you have a Dangerous Product case, consult with a product liability lawyer to understand your rights and potential remedies. Document all injuries, keep the defective product safe, and gather evidence related to its purchase and use. It is essential to act in a timely manner to ensure that your claim is filed within the statute of limitations.
