When purchasing a product, it is expected to work as intended. Unfortunately, many defective products are sold to Texans daily. If it happens, the company may be found negligent in a personal injury lawsuit.
If a defective product injured you, a product liability lawyer in Texas could help you. Contact Francis Injury to find out if you have a case.
What Is a Product Liability Lawsuit?
A product liability lawsuit is a legal claim filed against a manufacturer, designer, distributor, or retailer when a defective or dangerous product causes injury or death.
Under Texas law, product liability means a company’s legal obligation for injuries from a defective product. For example, a product liability lawsuit could be necessary if you use a product, such as a tool or household good, as intended and injure you.
Texas Product Liability Law
There are important product liability laws to know to determine if you have a case. The Texas Product Liability Act involves a strict liability definition, meaning the negligent party is legally liable for an injury even if they did something wrong. The manufacturer is always responsible for the safety of its products. Therefore, it is irrelevant under Texas law if the negligent party was reckless or careless.
Texas also has another legal basis for filing a product liability lawsuit. If you were hurt by another party whose conduct caused the dangerous and defective product, you should talk to an attorney.
Another possibility is when someone breaches a warranty or commits fraud. If you think there was a warranty breach or fraud, you must show the link to the product and your injuries.
What Are Common Defective Product Cases in Texas?
Some of the most frequent subjects of defective product lawsuits are:
Dangerous Drugs
Before a physician can prescribe a drug, the FDA must approve it for use in the US. However, even an FDA-approved drug can be found to be dangerous later. As a result, a drug could be on the market for years before the government realizes it’s hazardous.
Some dangerous drugs that have caused problems are those used for heartburn, birth control, anti-nausea, and some antidepressants. If you think a prescription drug injured you, talk to defective product liability lawyers immediately.
Over-the-counter drugs can also be dangerous, such as one contaminated by an impure manufacturing process.
Medical Devices
Medical devices also must be approved by the FDA. However, after months or years of use, the government may find out the device is linked to adverse side effects that could be dangerous.
Some medical devices in product liability lawsuits include hip and knee replacements, vaginal and hernia meshes, and IVC filters.
Toys
A child’s toys also can be defective and dangerous. For example, they may have a poor design or manufacturing process. Toys that are improperly made could cause a risk of choking, strangulation, or suffocation.
Some children’s toys and other items may be produced with flammable materials, putting children at high risk of burns. If a defective toy hurts your child, a product liability attorney could help.
Automotive
Automotive parts and vehicles are common sources of product liability lawsuits. This is because motor vehicles are large, and there can be severe or fatal injuries if a crash occurs. That’s why it’s essential for every car, truck, and SUV to be made safely and in good repair.
However, no matter how well you care for your car, a part defect could lead to an injury. If there is a part that was not produced the right way, you and your passengers could be at risk.
Common defective vehicle parts include brake pads and rotors, seat belts, power steering, tires, airbags, and anti-lock brakes. For example, many recalls of defective Takata airbags were installed in millions of vehicles worldwide. As a result, some airbags do not inflate correctly during a crash, and hundreds of people have been injured and killed.
Common Types of Product Defects
Many kinds of products can be defective and injure consumers. However, these are the most common categories:
Manufacturing Defects
A product may have a manufacturing flaw if something goes wrong when the product is made. If there is a defect in manufacturing, the final product does not match the intended design. Manufacturing flaws can affect all or some products, depending on the circumstances.
However, with so many products massed produced today, it is common that a manufacturing defect can affect many products. For example, pharmaceuticals need to be sterile during manufacturing to avoid contamination. But if the product manufacturer has FDA citations for sterility problems, this can cause many drug lots to be contaminated.
Warning Defects
Some products risk injury, even if they are designed and manufactured correctly. For example, even a well-made and designed lawnmower comes with a risk of amputation injury. Therefore, while the product may be made as safe as possible, manufacturers must provide sufficient safety warnings about the product.
If a product lacks appropriate warnings, this is known as a failure to warn and could be the basis of a lawsuit.
Design Defects
The product may have a design defect if the specifications do not produce a safe product. The design is flawed in these products, so there is an unnecessary risk of harm when manufactured and sold.
When a product has a defective design, all products made and sold have a higher risk of injury or death. For instance, power tool design defects often increase the risk of hand or eye injuries. A table saw, for example, may not have large enough guards to prevent the user’s fingers from touching the blade.
Contact Defective Product Liability Lawyer in Texas Today
Did a defective product injure you? You may feel confused, upset, and uncertain about where to turn or what to do. If a product was defectively designed or manufactured, you could be entitled to compensation for your losses. The Texas personal injury attorneys at Francis Injury can assist you. They have years of experience holding product manufacturers and designers liable for their negligent conduct. Contact us today for more information.
Frequently Asked Question
1. What is a product liability lawsuit?
A product liability lawsuit is a legal claim filed against a manufacturer, distributor, or retailer when a defective product injures a consumer. These cases involve design defects, manufacturing errors, or the failure to provide adequate warnings. If the product was unreasonably dangerous and caused your injury, you may qualify for compensation.
2. How long does it take to settle a product liability lawsuit?
Most product liability cases take 6 months to 2 years to resolve, depending on the severity of the injury, the complexity of the evidence, and whether the manufacturer agrees to settle. Cases involving medical devices or dangerous drugs often take longer. A Texas product liability lawyer can help speed up the process by collecting evidence early and negotiating directly with the manufacturer’s insurance team.
3. Who can be held responsible in a Texas product liability claim?
You may hold several parties liable, including:
- The manufacturer
- The designer
- Distributors
- Retailers
- Third-party suppliers
Texas law allows you to pursue compensation from any party involved in creating or selling the defective product.
4. How do I know if I have a product liability case?
You likely have a case if:
✔ You were using the product as intended
✔ The product malfunctioned or was unreasonably dangerous
✔ You suffered an injury or financial loss
A free consultation with Francis Injury can help determine if the product defect caused or contributed to your injury.
5. What compensation can I recover for a defective product injury?
Victims may receive compensation for:
- Medical bills
- Future medical care
- Lost wages
- Pain and suffering
- Permanent disability
- Scarring or disfigurement
- Emotional trauma
In extreme cases, punitive damages may also apply.
