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Time is everything when it comes to products liability

On Behalf of | Jul 19, 2017 | Products Liability |

In today’s technologically-driven world, simple products are no longer simple. Innovative and advanced approaches to life’s tasks include the mass distribution of new gadgets, tools and toys, and while these products are popular and successful overall, some in Texas are safer than others.

The Texas court system takes measures to protect those injured by a product, allowing an individual to take action against a brand or company. However, time is a vital component when filing under Texas statute of limitations for defective products. The sooner one takes action after an incident, the more likely the manufacturer will be held accountable for the defective product. 

The Law

An article in The National Law Review addresses the growing issue of products liability in the United States. It points out that the Chapter 82 of the Texas Civil Practice and Remedies Code enacted in 1993 intended to protect innocent sellers who are made parties to products liability lawsuits by assigning responsibility for the burden and cost of defending lawsuits to the manufacturer of the product instead. The provisions of Chapter 82 also intended to protect the right of the consumer to sue any party placing a product into wide circulation.

Quick Facts

Dangerous products are not only ones that can be hazardous to begin with, such as a gun or heavy tool; toys can also be highly dangerous if manufactured improperly. ABC News reports that in February 2017, 500,000 Little Live Pets frogs were recalled for containing a hazardous chemical. If one removed the battery cap from the toy, it could become a projectile, therefore exposing a child to a chemical leak. In the case of injury by a product such as this toy, Texas law protects individuals and allows those affected to take action against a manufacturer. However, those involved must carry out timely filing to ensure the filing of a full lawsuit.