Products Liability

Products liability is the body of law that applies to claims for injury, death, or property damage caused by a defective product and, unfortunately, it’s notoriously confusing.  Our Texas product liability attorneys are prepared to help you understand these complex laws and to determine the likelihood of success for your claim under the three theories of liability recognized in Texas: a manufacturing defect, a design defect, and a marketing defect.

Manufacturing Defect

A manufacturing defect exists when the product departs from its intended design even though all possible care was exercised in preparing and marketing the product.  For example, the misalignment of a punch press may result in a jagged burr along a product’s metal edge; the wrong adjustment of a nut on a bolt may interfere with a machine’s operation; and the failure to prevent foreign matter from entering food or drink may cause its contamination.  If the defect causes an injury, then the manufacturer may be held responsible.

Design Defect

A design defect exists when the seller failed to reduce its foreseeable risks of harm by adopting a reasonable alternative design, the omission of which renders the product not reasonably safe.  Common design defect claims are based on the absence of some type of adequate safety device, such as a sufficient housing surrounding a power lawnmower, a mechanical guard or electrical cut-off device on a dangerous machine, or a “safety” on a gun.  If the defective design causes an injury, the seller may be subject to liability.

Marketing Defect

A seller is required to give users clear safety instructions that the general public can easily understand and adequately warn users of the product’s dangers.  If the product doesn’t contain adequate instructions or warnings, the product is deemed defective.  And if someone is injured as a result of that defect, the seller is subject to liability for the harm.  For example, a Texas court found that a car company could be held liable for failing to warn of the dangers of a child riding in the front passenger seat.  But courts have also found that companies aren’t required to warn users of dangers that are open and obvious.  For instance, a siren manufacturer isn’t required to warn firefighters that repeated exposure may damage their hearing.

If you believe you have suffered injuries from a defective product, you may be entitled to relief, including recovery for medical bills, rehabilitation, lost wages, pain and suffering, and punitive damages.  Our Texas product liability attorneys will aggressively fight to protect your rights and make sure you receive the compensation you deserve.  Contact us today for more information.