Need A Product Liability Lawyer in Houston, TX?
When you buy something, you expect it to be reasonably safe. This applies to everything from your home appliances to your car. However, not every product sold to consumers is 100% safe to use. Every day, many unsafe and defective products make their way online or onto store shelves. Unfortunately, consumers may not realize a product is defective until they (or a loved one) get injured when using it.
The question is, who is responsible if you use a product as intended—or as it is commonly used—and are injured? And is it possible for you to get fully compensated for your injuries?
Contact us for answers to all of your questions.
Our Houston product liability attorneys are well-versed in Texas product liability law. We will closely examine your case and determine liability. If evidence suggests that the business is at fault, we will help you bring a product liability suit against the manufacturer, seller, or other parties and recover your full compensation award. Call us now to get started on your product liability case as quickly as possible.
Types of Product Liability Claims in Texas
Our Houston product liability attorneys handle cases involving a wide range of defective and unsafe products. The following are some of the most common product liability cases we handle:
1. Automotive defects
One of the most common reasons for defective product claims is automotive parts.
Given the size and weight of automobiles, as well as the extent of injuries and property damage they can cause in a traffic collision, every vehicle out on the road must be in perfect working condition.
However, no matter if the vehicle is brand new or how well-maintained it is, the possibility of a defect cannot be ignored. If a part of your vehicle—any part—is inadequately manufactured or installed, you, your passengers, and others on the road are at risk.
The following are some examples of common automotive defects:
- Worn tires
- Faulty brakes
- Steering and suspension issues
- Seat belt failure
- Failing wipers
- Defective headlights and taillights
- Faulty fuel pump
- Airbag defects
- Electronic stability control (ESC) failure
2. Dangerous drugs and medical devices
A drug and medical device must be approved by the U.S. Food and Drug Administration (“FDA”) before a doctor can prescribe it. That said, even approved drugs can be dangerous and may result in severe and life-threatening health complications.
Examples of dangerous drugs include:
- Antidepressants like Paxil (paroxetine)
- Antipsychotics like Quetiapine (Seroquel)
- Heartburn and acid reflux drugs like Metoclopramide (Reglan)
- Antibiotics like Levofloxacin (Levaquin)
- Birth control pills like Yaz
- Examples of dangerous medical devices include:
- Hip and knee joint replacement
- Surgical mesh
- Laparoscopic power morcellators
- Inferior vena cava (IVC) filter
- Breast implant
3. Toys and other baby products
Toys and other baby products—e.g., clothing, strollers, child safety seats, cribs, and bassinets—are also commonly defective.
Some products may be incorrectly designed or manufactured, posing a choking, strangulation, or suffocation hazard, while some may contain lead or other hazardous substances.
Some of the larger products can even fall over, trapping and injuring your little one.
Types of Product Defects
Dangerous product defects often fall into one of these three categories:
1. Design defects
A design defect is when the intended design of the product itself is defective in some way, indicating that the final product that reaches stores carries an unnecessary risk of injuring someone when they use it.
2. Manufacturing defects
When something goes wrong during the manufacturing and assembly process, this is a manufacturing defect. The product’s intended design may be completely safe, but the final product does not adhere to it in some way, making it dangerous.
3. Warning defects
Not all products are completely safe. In fact, many of the products we use on a daily basis carry some serious risks. A lawn mower, for example, has super powerful and super fast rotating blades that can cause catastrophic injuries ranging from deep cuts to amputation.
However, this does not mean that lawn mowers have a flaw in their design—they are designed to be as safe as possible and come with warnings and safety instructions.
When a product that can cause serious injuries lacks the required warnings and safety instructions, this is a warning defect.
What You Need to Prove in A Product Liability Claim in Texas
Say you or a loved one was injured when using a product, and you suspect that it was because the product had a design, manufacturing, or warning defect. Well, that does not automatically mean you can prove the defect or claim damages for the injuries.
To get a product liability damages award in Texas, you must prove the following elements:
- The product was defective.
- The defective product was highly dangerous.
- The defective product resulted in your injuries.
In order to prove that the product was defective in a Texas civil court, you must show any evidence of a warning, manufacturing, or design defect. If you argue that the product had a defective and dangerous design, you must also demonstrate that a safer alternative design exists.
This can be extremely challenging, which is why we recommend retaining the services of a qualified and experienced product liability attorney in Houston.
Understanding Strict Liability
Texas enforces “strict liability” on product designers, manufacturers, and distributors.
This effectively means that you do not have to prove that their negligence in designing and manufacturing the product caused your injuries in order to recover your product liability damages.
Product Liability Compensation in Texas
Initiating a product liability action in a Texas court allows you to seek compensation for your:
- Current and future medical expenses
- Current and future lost income
- Property damage
- Lost earning capacity
- Emotional distress
- Loss of enjoyment of life
- Aggravation of pre-existing injuries
Wrongful Death or Survivor Damages
It is worth noting that Texas has a two-year statute of limitations for initiating a personal injury or property damage lawsuit related to product liability. (Texas civil practice & remedies code § 16.003). This means that you must file your product liability claim in a Texas court no later than two years after the defective product resulted in your injury.
Call Our Houston Product Liability Attorneys Today for a Free Consultation
If you or a loved one were injured because of a product defect, please contact us today to schedule a free consultation with our legal team.
Our experienced and dedicated Houston product liability lawyers will gladly review the details of your case and help you get the maximum amount of compensation possible. The sooner you call us, the better we will be able to fight for your rights!