We trust the products we use every day. From the coffee maker that brews your morning cup to the car seat protecting your child, we assume manufacturers have made these items safe. Unfortunately, that trust is sometimes misplaced.
Defective products cause thousands of injuries and deaths across the United States each year. According to the Consumer Product Safety Commission, product-related incidents result in billions of dollars in medical costs and lost productivity annually. When a dangerous product harms you or your family, understanding your legal rights becomes essential.
Texas product liability law protects consumers from dangerous and defective products. These laws hold manufacturers, distributors, and retailers accountable when their products cause harm. Knowing how these claims work can help you get the compensation you need to recover.
What Is Product Liability?
Product liability refers to the legal responsibility manufacturers and sellers have for products they put into the marketplace. When a defective product causes injury, the injured person can seek compensation through a product liability claim.
These cases differ from typical personal injury claims. You don’t need to prove the manufacturer was careless or negligent. You only need to show the product was defective and that defect caused your injury. This is called “strict liability.”
Texas law recognizes three types of product defects. Each type requires different evidence and legal strategies.
Three Types of Product Defects
Understanding the type of defect in your case helps determine who is liable and how to prove your claim.
Design Defects
A design defect means the product was dangerous as designed. Every item made from that design has the same flaw. The problem exists before manufacturing even begins.
Examples include:
- SUVs with high centers of gravity that roll over easily
- Space heaters without automatic shut-off features
- Child car seats that don’t properly secure in crashes
- Ladders with unstable weight distribution
Design defect cases often require expert testimony. Engineers or product safety specialists explain how the design created unnecessary dangers. They may show how alternative designs could have prevented injuries.
Manufacturing Defects
Manufacturing defects happen during production. The design may be safe, but something goes wrong while making the product. Only some items from a production run have the defect.
Examples include:
- A bicycle with an improperly welded frame that breaks
- Medication contaminated during production
- Car with brake lines installed incorrectly
- Toy with small parts not properly secured
These cases often involve comparing the defective product to others from the same production line. The difference shows what went wrong during manufacturing.
Marketing Defects (Failure to Warn)
Marketing defects involve inadequate warnings or instructions. The product may be properly designed and manufactured. But the company failed to warn users about risks or provide proper usage instructions.
Examples include:
- Medications without warnings about side effects
- Power tools missing safety instructions
- Chemicals without hazard warnings
- Products without age-appropriate use guidelines
According to product liability law, manufacturers must warn about risks that aren’t obvious to ordinary users. The warnings must be clear and prominent.
Common Dangerous Products That Lead to Claims
Certain product categories account for most product liability claims in Texas.
Defective vehicles and auto parts cause serious accidents. Faulty brakes, defective airbags, tire blowouts, and steering failures can all lead to crashes. Recent years have seen massive recalls for defective airbags and acceleration problems.
Dangerous pharmaceutical drugs harm thousands of people. Side effects not disclosed during trials, contaminated medications, and drugs approved without adequate testing all lead to claims. These cases often become class actions affecting thousands of victims.
Defective medical devices can cause severe complications. Hip implants that fail prematurely, pacemakers with defective batteries, and surgical mesh causing internal damage have all led to major lawsuits.
Unsafe children’s products pose special dangers. Cribs with dangerous designs, toys with choking hazards, and car seats that fail in crashes all threaten children’s safety. Federal regulations are strict, but dangerous products still reach the market.
Household appliances can cause fires, burns, and electrocution. Washing machines that catch fire, pressure cookers that explode, and space heaters that ignite nearby materials all lead to injury claims.
Defective power tools and equipment cause serious injuries. Saws without proper guards, ladders that collapse, and power tools that malfunction can cause permanent disabilities.
Who Can Be Held Liable?
Multiple parties may share responsibility for a defective product. Texas law allows you to pursue claims against various entities in the distribution chain.
Manufacturers bear primary responsibility. They designed, produced, and marketed the product. Whether they’re large corporations or small companies, manufacturers can be held liable for defects.
Distributors and wholesalers can also be liable. They put products into the stream of commerce. Even if they didn’t create the defect, they may share responsibility.
Retailers who sold the product may be liable. Stores have a duty to sell safe products. When they sell known dangerous items, they can face claims.
Parts manufacturers are liable when their component caused the problem. If a defective part in a larger product causes injury, the parts maker can be held responsible.
Proving Your Product Liability Claim
Successful product liability claims require strong evidence. You must prove several elements.
The product was defective. Expert analysis often shows the defect. Engineers examine the product and explain what went wrong. Testing may demonstrate the flaw.
The defect existed when it left the manufacturer’s control. You must show the product was already defective, not damaged later. Proper product preservation is crucial.
The defect caused your injury. Medical evidence links your injuries to the product defect. Expert testimony explains how the defect led to harm.
You used the product as intended or in a reasonably foreseeable way. Using a product in a bizarre or unintended way may hurt your claim. But manufacturers must anticipate reasonable misuse.
Steps to Take After a Product Injury
Your actions after an injury affect your ability to recover compensation.
Seek immediate medical attention. Your health comes first. Medical records also document your injuries and link them to the product.
Preserve the product. Don’t throw away, repair, or modify the defective item. It’s crucial evidence. Store it safely and photograph it thoroughly.
Keep all packaging and instructions. Warning labels, user manuals, and packaging materials all provide important evidence about what information the manufacturer provided.
Document everything. Photograph your injuries, the product, and where the incident occurred. Write down exactly what happened while details are fresh.
Report the incident. File reports with the Consumer Product Safety Commission and the manufacturer. These reports create official records.
Avoid recorded statements. Don’t talk to insurance companies or manufacturers without legal counsel. They may use your statements against you.
Compensation Available in Product Liability Cases
Successful claims can recover various types of damages.
Medical expenses cover all treatment costs. This includes emergency care, surgery, hospital stays, medication, rehabilitation, and future medical needs. Serious injuries may require lifetime medical care.
Lost income compensates for time away from work. If your injuries prevent you from returning to your job, you can recover future lost earnings too.
Pain and suffering damages recognize the physical and emotional distress injuries cause. These non-economic damages often make up a significant portion of your recovery.
Disability and disfigurement compensation addresses permanent impairments. Scarring, loss of limb function, or chronic pain all warrant additional damages.
Wrongful death damages help families who lost loved ones. Texas wrongful death law allows certain family members to seek compensation for funeral costs, lost financial support, and loss of companionship.
Punitive damages may apply in extreme cases. When a manufacturer knowingly sold dangerous products, courts may award punitive damages to punish the wrongdoing and deter future misconduct.
Why Product Liability Cases Require Experienced Attorneys
These cases involve complex legal and technical issues. Going against major manufacturers without experienced counsel puts you at a severe disadvantage.
Large corporations have extensive legal resources. Manufacturers employ teams of lawyers and experts to defend against claims. They have nearly unlimited budgets to fight cases.
Expert testimony is essential. You’ll need engineers, medical professionals, and industry experts to prove your case. Attorneys have networks of qualified experts and know how to present their testimony effectively.
Investigation is extensive. Attorneys know how to obtain production records, safety test results, and internal company documents. These materials often show manufacturers knew about defects.
Product liability law is specialized. These cases involve unique legal standards and procedures. Experience with product liability claims is essential.
At Lee, Gober & Reyna, we have successfully represented clients injured by defective products. We understand the challenges these cases present. Our team has the resources to take on major manufacturers and fight for full compensation.
Time Limits for Filing Product Liability Claims
Texas law imposes strict deadlines for filing product liability lawsuits. Generally, you have two years from the injury date to file your claim. This statute of limitations applies to most personal injury cases in Texas.
Some exceptions may extend or shorten this deadline. If you didn’t immediately discover your injury, the clock may start when you discovered or should have discovered the harm. Cases involving government entities have much shorter notice requirements.
Product liability cases take time to investigate and prepare. Don’t wait until the deadline approaches. Evidence disappears, witnesses’ memories fade, and building a strong case becomes harder.
Protecting Yourself and Your Family
While manufacturers bear responsibility for product safety, you can take steps to reduce risks.
Research products before buying. Check for recalls and safety alerts on the CPSC website. Read reviews mentioning safety concerns.
Follow all instructions and warnings. Even if warnings seem obvious, follow them. Improper use can hurt your claim.
Register products with manufacturers. Registration ensures you receive recall notices.
Stay informed about recalls. Check recall lists periodically for products you own.
Report problems. If a product seems dangerous, report it to the CPSC and the manufacturer. Your report may prevent others from being injured.
Get the Legal Help You Deserve
Defective products can cause catastrophic injuries that change your life forever. Medical bills pile up. Lost income creates financial hardship. Physical and emotional recovery takes months or years.
You shouldn’t bear these burdens alone when a dangerous product caused your injuries. Manufacturers must be held accountable for the harm their defective products cause.
Contact Lee, Gober & Reyna today for a free consultation. We’ll review your case, explain your legal options, and help you understand what compensation you may be entitled to receive.
We work on a contingency fee basis. You don’t pay attorney fees unless we successfully recover compensation for you. Our experienced team will investigate your claim, gather necessary evidence, work with qualified experts, and fight aggressively for the full compensation you deserve.
Don’t let manufacturers escape responsibility for dangerous products. Let us hold them accountable and get you the justice you deserve.
Frequently Asked Questions About Texas Product Liability Claims
What is the difference between a design defect, a manufacturing defect, and a failure to warn?
Design defects exist before manufacturing begins. The product’s design itself is dangerous, affecting all items made from that design. Manufacturing defects occur during production when something goes wrong, affecting only some items from a production run. Failure to warn (marketing defects) happens when manufacturers don’t provide adequate warnings about risks or proper usage instructions. Each type requires different evidence and legal strategies to prove in court.
Who can I sue if a defective product injures me?
Texas law allows you to pursue claims against multiple parties in the product’s distribution chain. This includes the manufacturer who designed and produced the product, distributors and wholesalers who moved it through commerce, retailers who sold it to consumers, and component manufacturers if a specific part caused the problem. You can often sue multiple parties simultaneously, increasing your chances of full recovery if one party lacks sufficient resources or insurance.
Are there time limits for filing a product liability claim in Texas?
Yes. Texas generally gives you two years from the injury date to file a product liability lawsuit. This statute of limitations is strictly enforced. Missing this deadline typically means losing your right to compensation permanently. Some exceptions exist, such as when you didn’t immediately discover your injury. Cases involving government entities have much shorter notice requirements. Consult an attorney quickly after discovering a product caused your injury.
Do I need to prove the manufacturer was negligent?
No. Texas product liability law operates under “strict liability” principles. You don’t need to prove the manufacturer was careless or negligent. You only need to show the product was defective when it left the manufacturer’s control, the defect caused your injury, and you used the product as intended or in a reasonably foreseeable way. This makes product liability claims different from typical personal injury cases that require proving negligence.
What if I threw away the defective product?
Throwing away the product significantly weakens your case but doesn’t necessarily destroy it. The defective item itself provides crucial evidence engineers need to examine. Without it, proving the defect becomes much harder. However, photographs, purchase receipts, medical records linking injuries to the product, and witness testimony may still support your claim. If you still have the product, preserve it immediately. Don’t repair, modify, or throw it away.
Can I still recover if I misused the product?
It depends on how you misused it. If you used the product in a bizarre, unforeseeable way clearly outside its intended purpose, your claim may be barred. However, manufacturers must anticipate reasonable misuse. If your use was reasonably foreseeable even if not intended, you may still recover. Texas’s comparative fault rules mean your compensation could be reduced based on your percentage of fault. An attorney can evaluate whether your product use affects your claim.