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Design defects, manufacturing defects and inadequate warnings are distinct theories with distinct proof, and all of them start with the physical item in the condition it was in when it failed.
Do not return it to the retailer, send it to the manufacturer for inspection, or discard the packaging and instructions. Call 713-521-0059 first.
Candidly: product cases require an engineering expert before anyone can say whether a case exists, and that expense comes before any recovery. We evaluate them, and where a case warrants the resources of a firm that tries product cases regularly, we place it with associated counsel under a written consent to refer rather than hold it.
That is a deliberate choice about what serves the client, and it is stated here so nobody learns it late.
Keep the product, its packaging, the manual, the receipt and any recall notice. Photograph the failure and the injury. Record the model and serial number and the date and place of purchase. Note whether the product had been modified or repaired.
A Texas personal injury claim generally must be filed within two years of the injury under Section 16.003 of the Civil Practice and Remedies Code. Call 713-521-0059.
