Products liability lawsuits that frequently make the news concern allegations against manufacturers and sometimes sellers of items that are not consumable items. A lawsuit may allege that a defective vehicle ignition was to blame for injury-producing accidents, or that a poorly designed component item of equipment in a factory caused the death or injury of a worker there.
One measure of product quality is how the manufacturer stands behind the item after it has been sold. Many, if not most, companies that make items intended for the consumer market have either express, or in some cases implied, warranties on what they make.
"Statute of limitations" is the term used for the time limit within which anyone who believes they have a claim against someone else must either take legal action or be barred forever from doing so. These time limits are inflexible, and they are established within the laws of each individual jurisdiction. They vary widely based on the legal claim involved and the jurisdiction where the lawsuit will be filed.
Texas has a well-developed body of law addressing the potential liability of manufacturers, distributors and sellers of products in the state when those products contain defects in their design or manufacture that make them unreasonably dangerous to users. Manufacturers in particular can be held accountable for the harm that their products may cause, and in some cases they can even be held strictly liable for the harm.
People generally associate product liability cases with faulty product design or defective product manufacturing. But even a properly manufactured and designed product might not necessarily be a safe product.
A Texas-based company has recently come under scrutiny for injuries and deaths allegedly caused by a guardrail it manufactures, which borders roads throughout the country. As the investigation continues, another person has lost his life, allegedly because of the failure of one of the rails.
In Texas, products liability covers pharmaceutical drugs as well as manufactured items. A Texas statute specifically addresses who may be sued in a drug-related product liability action based on a failure to provide adequate warnings, available defenses against such a lawsuit, and how a plaintiff may overcome those defenses.