If you listen to the news, you will realize that not a day goes by without hearing about another product recall being issued by a manufacturer. Maybe it’s for a car, or perhaps a food product that was contaminated, sometimes a child’s toy. Regardless of the product, the manufacturer is concerned that it may be dangerous and wants to get it repaired or off the market completely prior to being subject to lawsuits from individuals who have been injured in some way from the product. Unfortunately, not everyone hears about product recalls right away. So does a company’s liability for injuries due to their damaged product stop when a recall is issued? Today, let’s answer the question: “I have been the victim of a defective product after a recall: what are my rights?”
Product recall liability is a complicated area of the law. As noted above, product recalls are usually initiated by the manufacturer or producer of the product. Sometimes, however, the defect or danger is discovered by a government agency, such as the Consumer Product Safety Commission (CPSC). If the producer of a possibly dangerous product is reluctant to issue the recall, the CPSC may step in and do so. Regardless of whom issues the recall, the issuance of the recall does not protect the producer of the product from liability going forward from injuries suffered due to the defective product. Laws governing defective product liability must be shown to prove your case vary from state to state. The rule of law used in the state of Texas is referred to as strict liability. This basically means that the injured party does not have to prove that the manufacturer of the product was negligent. If the product was defective and the defective product caused you injury, the manufacturer is liable.
If you have been injured by a defective product, you should contact a lawyer to assist you with your product recall liability case. Texas law allows a person up to two years to file a lawsuit due to product liability. Without delay, you should contact the recall lawyer Texas recognizes to handle such cases – that’s the Thomas J. Henry law firm.
Your defective product recall lawyer will review all aspects of the case. To prevail in such cases, you must show that you were injured while using a product that was defective due to the manufacturer. While you do not have to show negligence on the part of the manufacturer, you must have been using the product as it was intended to be used. Your recall lawyer in Texas recognized to handle such cases, the Thomas J. Henry law firm can help you sort through all of it.
In addition to getting compensated for the medical bills related to the defective product injuries, damages can include compensation for lost wages and the pain and suffering caused by the injuries.
Product liability claims can be complex. If you have been injured due to defective product liability involving texting while driving, contact the product liability lawyers in Texas who knows best, Thomas J. Henry Injury Attorneys. Thomas J. Henry has the experience, the expertise, and determination to get their clients the settlements and verdicts they deserve. Call Thomas J. Henry today at 361-221-5053.