The statute of limitations for filing a product liability lawsuit in Texas is two years from the date of injury. However, Texas also has a statute of repose, which establishes an overall time limit for product liability cases -- in Texas, that time limit is no later than 15 years after the date on which the company being sued sold the product.
In order to prevail in a product liability lawsuit, you must show:
Injury or loss. One of the most critical elements of a product liability claim is that a person has suffered an actual injury or monetary damages. Without either of those, you will not be able to pursue a product liability claim.
Product defect. You also have to prove that the product that caused you injury or damage was defective. Types of defects include products that have been manufactured or designed improperly, as well as products that do not carry the proper warning labels or instructions for use.
Your injury was caused by the product defect. It must be proven that the actual defect in the product caused your injury or loss, not just the product itself.
You used the product as intended. You must have used the product as the manufacturer specified it to be used. However, this does not necessarily mean you must have used the product exactly as specified. If it is reasonable to expect that a consumer would use it in the same way you did, a manufacturer will likely be held liable.
If you have suffered injuries from an unsafe or defective product, the experienced product liability legal team at Roberts & Roberts is here to help with compassionate, aggressive representation. Please call 800-248-6000 or contact us for a free consultation.