What constitutes a products liability legal claim in Houston Texas?

A large toilet manufacturer agreed to pay homeowners up to $4,000 for faulty toilets after multiple lawsuits for faulty toilets caused damage to Houston area homeowners, the action was addressed when a federal judge signed off on a settlement in a class action lawsuit against the company. The builder grade toilets were installed in new homes from The Woodlands to Pearland, Copperfield to Garden Oaks. 

 

Settlement.

In this 2019 settlement, a person with one of the affected Vortens toilets can file a claim to either get a new one or get reimbursed. They can receive up to $300 if replacement occurs, or $150 without the receipts as proof. Homeowners whose homes flooded can get up to $4,000 to at least cover the deductible before insurance companies pay total damages.  

Civil action.

A product liability lawsuit is a civil action against product designers, manufacturers, wholesalers, distributors, or retailers. A person who experiences damages as a result of a bad product can sue the person who was responsible for its design, manufacture, distribution or failure to warn of any defects to the public. An attorney who has experienced with product liability cases will be able to explain actions to each unique case presented to them.

Negligence, strict liability or breach of warranty will be addressed in cases of: 1) design defects; 2) manufacture defect; 3) pharmaceutical defects and 4) the failure to warn.

Damages.

When a person is injured due to a defective product, the Texas law allows the pursuit of claims for different types of damages. Damages in a personal injury lawsuit generally fall into three categories: economic damages, noneconomic damages, and punitive damages.

 

Economic damages include those that you can attach a specific dollar value to, or a reasonable approximation thereof. Economic damages include the following:

• Medical expenses;
• Lost wages;
• Lost future earning potential;
• Loss of household services, 

 

Noneconomic damages are those that are harder to attach a specific number to, but are very real, nonetheless. Noneconomic damages include:

• Pain and suffering, both past and future;
• Emotional distress;
• Loss of companionship, such as when a spouse is killed by a defective product;
• Physical impairment or disability;

 

Punitive damages may be available if the defendant’s conduct was particularly egregious, such as where they knew of a dangerous product defect and consciously chose to neither fix the problem nor warn consumers about the danger.

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Statute of limitations and repose.

• Statute of limitationsdetermines how long you have from the date of your injury to file a lawsuit. In Texas, the statute of limitations for product liability claims is 2 years. 
• Statute of reposespecifies a window from the date a product is first sold during which people can bring product liability claims against the manufacturer or distributor. In Texas, the statute of repose for product liability claims is 15 years from the date the product was first sold.  An experienced attorney with products liability, defective device and personal injury actions can help you determine exactly when the statute of limitations expires in each individual case.

 

Seek counsel.

A settlement amount for damages may be proposed with the assistance of experts in the product field, such as engineers and scientists.  Contact a personal injury lawyer as soon as possible for comprehensive information on products liability claim actions.  An experienced professional at The Blizzard Law Firm can help with actions toward compensation for losses and damages. 

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Contact Information:

Blizzard Law, PLLC
5020 Montrose Blvd, Ste 410
Houston, TX 77006
Phone: 800-349-0127