Do You Still Have a Claim If It Was a Gift? What Should You Do to Protect Your Rights?
It happens all too often—you get something you wanted as a gift from a friend or family member and the product is defective, causing you unnecessary injury and loss. Is there anything that prevents you from seeking compensation for your losses, even though you received the product as a gift? What should you do in the immediate aftermath of your injury to best protect your legal rights?
Product Liability Claims Arising during the Holidays
According to statistics gathered by the U.S. Consumer Product Safety Commission, more than 18,000 people every year seek medical treatment during the holiday for injuries caused by dangerous or defective products. More than one in ten are under the age of four and most of the products causing injury were received as gifts.
There is nothing in the law that prevents a person from filing a legal claim to recover damages for injuries caused by a product received as a gift. Most personal injury lawsuits are based on a legal theory of negligence. To prove negligence in court, an injured person must show that:
- The defendant (in a product liability claim, that could be the designer, manufacturer or marketer of the product) failed to exercise reasonable care
- That failure caused an accident and/or injury
- The injured party had actual losses because of the accident or injury
What You Need to Do to Protect Your Rights When You Have Been Injured by a Defective Product Received as a Gift
There are three important responses when you have been hurt by a dangerous or defective product:
- Get the medical treatment you need as soon as you can
- If possible, gather evidence at the scene of the accident—names of witnesses or parties, as well as pictures of anything relevant to the accident
- Hire experienced legal counsel as soon as possible, so that your rights are fully protected
Let Us Help Protect Your Rights in a Texas Product Liability Claim
At the Law Office of Michael R. De La Paz, we have more than 26 years of experience protecting the rights of personal injury victims in Harlingen, McAllen, Brownsville and Houston, across Texas and nationwide, including people who have been hurt because of any type of dangerous or defective product in the Lone Star State. We have a comprehensive understanding of the things that need to be done to help you maximize your recovery. We will use our considerable experience, skill, knowledge and resources to help you get the outcome you want. Free call, text or chat, 24 hours a day, seven days a week.
Handling Car and Truck Accident Claims Nationwide, Including, But Not Limited to Texas, Florida, New Mexico, Illinois and Oklahoma