Legal Question in Product Liability in Texas

Best bet is to negotiate something better than 1/3. Your cost of repairs will be $4,000 to $5332. Cost of representation, suit, expert witness to prove defect will be: Suit and discovery $4-6,000. deposition of Defense witness, your expert, and you $1,000, 1,000, $500 plus attorney time $7500, mediation $3,000 to $4,000. Trial prep and trial $9,000 to $12,000. Prep of Judgement and post-trial $3,000 to $4,000. Total cost: $33,000 to $41,332 if I have added right ( I just noticed I did not add the expert fee of $3,000 to $5,000). The two-year statute on tort ran either 2016 or 2017. The 4-year contract statute runs either 2018 or 2019. However, your sales agreement probably excludes any warranty of fitness for a particular purpose or of merchantability which would enable a DTPA claim.

Your claim may be time-barred, depending on what your warranty says. Without a contract claim, you cannot recover attorney fees.

Consequently, you would spend $33,000 to $41,332 to recover $4,000 to $5,332 if you were successful on the contract claims, with a maybe that you would recover your attorney fees, Contingent fee representation is out because of the fixed amount of damage to the transmission.