When consumers buy a product, they expect it to work as advertised and be safe to use. However, manufacturers value their profits over consumer safety, they may cut corners and compromise product quality to save money. This often leads to critical errors in the design, manufacturing, and distribution processes. These errors can result in products entering the market with critical defects and expose consumers to unnecessary risks.
If a defective product causes a catastrophic personal injury or wrongful death, the victim or victim’s family can seek compensation through a product liability lawsuit. In a Texas product liability lawsuit, the three types of claims consumers harmed by defective products can pursue include design defect, manufacturing defect, and marketing defect also called a warnings defect.
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Product liability claims are a complex area of law that can be difficult to navigate without the help of an experienced personal injury attorney. Our knowledgeable and experienced team of product liability lawyers at Miller Weisbrod Olesky understand the emotional and financial toll that injuries from defective products can have on individuals and their families. Let us fight for the justice and compensation you deserve while you focus on your recovery.
Product Liability Construction Accident: Two workers form a Texas concrete company were killed and two more injured when the Boom from their Concrete Pumping Truck collapsed onto them.
What is Product Liability?
Product liability refers to the legal responsibility held by manufacturers, distributors, retailers, and other involved parties for any harm caused by defective or dangerous products.
This complex area of law encompasses accountability for:
Faulty Design: Products that are deemed unsafe due to inherent flaws in their design and/or structure.
Manufacturing Defects: Occurs error or mistake is made during the manufacturing of the product or the manufacturer fails to follow its own design drawings.
Inadequate warnings or instructions: Involves a failure to provide sufficient information about the potential risks and safe use of a product.
Despite these laws, thousands of people are still injured every year due to product defects in various items, including vehicles, equipment, household items and even medical equipment. As a result of these injuries, victims of defective products may pursue damages to address the significant physical, emotional, and financial challenges they'll face.
Defective and Dangerous Product Statistics
The dangers associated with defective products are considerable, putting consumers at risk of serious injuries or even death. Examining the statistics related to defective product injuries can provide a clearer picture of the magnitude of this problem.
The following are several important statistics related to injuries caused by defective products:
In 2016, approximately 240,000 children visited emergency rooms due to toy-related injuries.
In 2003, Perfect Fit Industries recalled around 18,000 electric blankets after receiving four reports of minor injuries related to the product overheating.
In 2018, Johnson & Johnson was ordered to pay a record $4.69 billion dollar settlement to 22 women and their families who claimed that their use of the company's talcum powder had caused their ovarian cancer.
The alarming number of product-related injuries underscores the critical need for regular safety inspections, compliance checks, and proactive recalls of defective products. If you suffered injuries due to a defective product, a skilled product liability attorney can investigate the circumstances surrounding your case and ensure that all responsible parties are held accountable.
What are Common Examples of Product Liability?
Product liability cases in Texas encompass a broad spectrum of scenarios where responsibility can be traced throughout the entire supply chain. A personal injury attorney from Miller Weisbrod Olesky can assist you with your claim if you have suffered injury or illness from contact with the following.
Each type of product liability case, whether it involves manufacturing defects or insufficient warnings, involves specific challenges and considerations that affect both manufacturers and consumers. Manufacturers can uphold their legal responsibility and safeguard consumer welfare by developing a thorough understanding of the common types of product liability claims.
Types of Product Defects
Although product liability claims are not all the same, they do have one thing in common: the plaintiff (injured victim) must have suffered substantial harm due to the defective product. Product defects recognized under Texas state law can be broken down into three major categories.
Design Defects
In design defect cases, the product is manufactured exactly as intended, but its design is inherently dangerous or flawed. These defects typically arise from an error in the initial stages of development.
This means every product made using this design will have the same defect and pose a risk to consumers, even if the manufacturing process is flawless. It is essential to keep in mind that simply showing that a product is dangerous is completely different from proving that its design is defective.
The Texas Civil Practice and Remedies Code requires a plaintiff alleging a design defect to show that:
A safer design alternative was possible.
Using the less dangerous design would have been economically feasible at the time the product was released.
The safer design would have kept most of the product's use and utility while preventing or reducing the risk of injury.
The injured party must also prove that the design defect, and not something else, caused the injury or damage. Below are some examples of design defects.
A saw blade guard that does not adequately cover the blade.
A box of cotton swabs that lacks proper childproofing.
Toys with small, detachable parts that present a choking hazard.
Top-heavy vehicles that are prone to tipping over and/or have weak roof design that allows collapse onto the vehicle occupants.
Improperly designed seats that collapse during a low or mid-speed rear-end collision.
Aircraft equipment that causes a plane to go into a sudden dive.
Manufacturing Defects
While the product's original design is safe, these defects happen when something goes awry in the assembly process or another part of the manufacturing process, like the quality control stage.
Common examples of manufacturing defects include:
Food contamination during production
A faulty batch of rubber that leads to tire blowouts
An improper weld
Failure to include an important part like a bolt or screw
Failure to follow design drawings
Improper assembly of a battery that causes acid to leak
A safety lock on a car that fails to engage
In Texas, the laws surrounding defective pharmaceuticals differ slightly. If a manufacturer uses a warning created or approved by the FDA (Food and Drug Administration), they may be able to avoid liability for injuries caused by the drug.
Marketing Defects
Marketing defects, also known as failure to warn or inadequate instructions claims, arise when a manufacturer fails to provide proper instructions and/or adequate warnings about the potential risks associated with a product's use.
These claims require the plaintiff to show that although a product was designed and manufactured correctly, the manufacturer failed to include or did not disclose information related to risks associated with the product.
Manufacturers have a legal obligation to provide adequate warnings or instructions to consumers, and they could face liability for a marketing defect if:
The product poses an inherent risk to consumers under certain conditions.
The manufacturer is aware of the potential dangers associated with the product.
The product poses a threat that is either unexpected or unforeseeable to a reasonable consumer.
The danger still exists even when the product is used sensibly and as intended.
To establish a successful marketing defect claim, a plaintiff must demonstrate that the warning provided by the manufacturer was insufficient and the lack of proper warning directly contributed to their injury.
Here are some possible failure to warn examples:
An insecticide that does not advise of potential health risks associated with the product.
Instructions for a highchair that mention securing a baby with safety straps but do not adequately warn about the risk of strangulation.
A birth control medication that carries serious health risks without sufficiently warning users about the potential side effects.
A log-splitting device that does not provide clear warnings about the serious injuries that could occur if one's hand is in the wrong place.
Electronic devices that fail to warn users about the risk of electric shock.
In dangerous drug lawsuits, failure to warn is often an issue. Injuries that result from drugs that aren't adequately labeled or don't include sufficient warning about potential side effects can have severe consequences for patients.
In fact, a Louisiana woman filed a lawsuit on August 2nd, 2023, against the manufacturers of Ozempic, an FDA approved drug for the treatment of type 2 diabetes. In the lawsuit, the plaintiff stated that the drug caused her to suffer severe gastrointestinal events that resulted in her being hospitalized on several occasions for stomach issues. She argues that the drug’s prescribing information fails to adequately warn about the risk of severe side effects including gastroparesis.
From defective automobiles to contaminated food products, understanding who can be held liable in a product liability case is crucial for victims pursuing compensation for their injuries and damages. Seek the advice of a personal injury attorney who can help you better understand the legal options available to you following an injury caused by a product defect.
Who is Liable in a Product Liability Case?
Before a product gets to the consumer, various parties contribute to its development, production, and distribution, including designers, manufacturers, wholesalers, retailers, and distributors.
Product liability cases hinge on determining who may be responsible among everyone involved in the supply chain. Identifying the responsible parties in your case can be complex, requiring the expertise of a skilled attorney.
In a Texas product liability case, the following entities can be held responsible for defective products:
Manufacturers
Responsible for any defects that occur during the production process, such as car tires made with weak rubber. Manufacturers are also responsible for the design process of a product. Finally, manufacturers are required to ship their products with adequate warnings related to their safe use and disclose known hazards and side effects.
Distributors
Responsible for transferring products from manufacturers to retailers. For example, if a product is dropped during delivery and results in damage, that creates a safety hazard, such as a broken glass container.
Retailers
Can be held liable if they knowingly sell or fail to warn consumers about potential risks associated with a product. For instance, a retailer can be held responsible for failing to provide proper warning about a children's toy that has a choking hazard.
Suppliers
May be found responsible for providing components or parts for products that contributed to the defect that caused a consumer(s) harm. A supplier may share responsibility for resulting damages if they provide substandard batteries for an electronic device that causes it to catch on fire.
Consultants, wholesalers, designers, and anyone else involved in a product's distribution could also be held liable if their actions or omissions lead to a defect in a product. We recommend consulting with an experienced product liability lawyer who can conduct a thorough investigation of the product, its defects, and its origins to determine all potentially liable parties.
Navigating Product Liability Claims in Texas
Seeking compensation in a Texas product liability case revolves around three primary legal avenues that each offer distinct paths for holding those responsible accountable for injuries and/or damages caused by defective products.
The three primary types of product liability claims that can be filed in Texas are:
Strict Liability Claims
Strict liability means that a defendant (manufacturer, seller, distributor) is legally liable for any injuries and/or damages they cause, regardless of whether they did something wrong. Although the plaintiff does not need to prove that the defendant was negligent or reckless under strict liability, they will be required to demonstrate the following.
The product had a defect, whether in its design manufacturing or insufficient warnings, that made it unreasonably dangerous.
The defect existed at the time it left the manufacturer's control.
The product's defect directly caused the plaintiff's injuries or damages.
In cases where the defendant is someone other than the manufacturer, such as a third party that altered the product somehow, the plaintiff may also need to prove negligence.
Negligence
In a product liability claim, plaintiffs must establish negligence by showing that a seller, distributor, or manufacturer failed to exercise reasonable care, leading to injuries or damages. This often requires evidence of the defective product, expert testimony to establish the standard of care, and medical records to prove the claimant's injuries.
The injured party must prove the following key elements to successfully prove a product liability claim based on negligence:
Duty of care: The manufacturer, distributor, or seller owed a duty to the consumer to provide a reasonably safe product.
Breach of duty: The defendant breached their duty of care by designing, manufacturing, or selling a defective product.
Causation: The plaintiff must establish a direct link between the defect and the incurred injury or harm.
Damages: The injured party must demonstrate that they suffered actual damages such as physical injuries or medical expenses.
Claimants must also be able to prove that they were using the product in a manner consistent with its intended purpose at the time of the injury. There are circumstances where the seller or manufacturer may not be held liable, such as if the product was inherently unsafe and the average consumer would reasonably understand that risk.
Breach of Warranty
These claims center on the violation or non-observance of a product's warranty, whether express or implied. An express warranty is a stated guarantee (either verbally or in writing) that the product meets a certain level of quality and reliability. If the product breaks down or doesn't work correctly, the seller or manufacturer must make a good-faith effort to repair or replace the defective product for no additional charge.
An implied warranty is an unwritten guarantee that the product can be reasonably expected to perform as intended and is safe to operate if used properly. For example, when you buy a car, there is an implied warranty that the vehicle can be driven safely under normal conditions.
A warranty of merchantability is the most common type of implied warranty that means a product will work on a fundamental level and meet the general trade standards for such goods.
On the other hand, an implied warranty of fitness means a buyer has asked for a product for a specific purpose, and the seller provides a product for that purpose. For instance, if a consumer tells a salesman they need hiking boots for cold weather, and the boots fail to keep the buyer's feet warm, the buyer may return the item under the implied warranty of fitness.
Under Texas law, these legal options provide multiple pathways for those pursuing compensation in product liability cases. Your personal injury attorney will gather as much evidence as possible to determine whether the injuries you've sustained were caused by a defective product and help you understand the various theories of recovery that may be applicable in your case.
How Can a Texas Defective Products Attorney Help You Pursue Justice?
If you've been injured or your property has been damaged by a defective product, the first thing you should do is keep the product and store it safely. Next, seek medical attention for your injury and compile documents for the product, such as receipts, warranties, warnings, or any packaging.
After ensuring your well-being and gathering evidence, call a product liability lawyer with in-depth knowledge of the legal principles and precedents specific to Texas.
Here's how our firm can assist you if you find yourself in a product liability case:
During your free initial consultation, we will listen to your story, examine evidence, and evaluate the best course of action for pursuing rightful compensation.
Once we've determined the viability of your claim, we will obtain relevant documents, collect witness statements, and consult with an extensive network of professionals, including medical experts, engineers, and industry specialists.
We will perform testing of products (when practical) to prove defective design or manufacturing error.
Based on our evaluation and the evidence gathered, we will work tirelessly to ensure you receive full and fair compensation for your injuries, medical expenses, lost income, property damage, and emotional distress as a result of using the product.
Our firm will handle all communication and negotiations with insurance companies and the responsible parties to seek a fair settlement on your behalf.
While many product liability cases are resolved through negotiation, our attorneys are prepared to vigorously advocate for your rights in the courtroom.
At Miller Weisbrod Olesky, we understand that going through a product liability case can be a challenging and emotionally overwhelming experience. We are committed to tailoring our approach to your specific circumstances, keeping you informed, and ensuring that you feel supported throughout the process.
What is the Statute of Limitations for Texas Product Liability and Personal Injury Claims?
In Texas, the statute of limitations (SOL) determines the legal time frame within which a product liability lawsuit must be filed. Generally, the SOL for product liability cases in the state is two years from the date of injury or discovery of the injury.
However, when the individual hurt in an accident is a minor, the SOL is tolled or paused until their 18th birthday. If a minor is injured and wants to make a claim, they have until their 20th birthday to file a claim.
A statute of repose, or a "non-claim statute," specifies a window from the date a product is sold during which an individual can file a product liability claim against a manufacturer or distributor.
In Texas, the statute of repose that applies to most products is 15 years. Once 15 years have passed from the date the product was first sold, claims regarding defects or injuries related to that product are generally barred. However, the statute of repose may go beyond 15 years in cases where the manufacturer or seller expressly warrants that a product's use life is longer than 15 years.
Contact an experienced personal injury lawyer to get accurate information about how the statute of limitations and repose may apply to your unique case.
How Our Texas Product Liability Lawyers Can Help
Product liability cases in Texas focus on holding accountable those responsible for providing defective products, including manufacturers, distributors, retailers, and suppliers. The companies responsible for designing, manufacturing, or selling a product that caused you harm will likely spend significant resources defending themselves and deflecting blame.
With the burden of proof lying on the claimant's shoulders in these cases, it is vital to have a product liability attorney on your side with a deep understanding of the complexities involved in seeking compensation for injuries caused by product defects.
At Miller Weisbrod Olesky, our lawyers have a proven track record of successfully handling product liability cases. Our firm is dedicated to handling the complexities of your claim while you focus on your recovery.
We offer free, no-obligation consultation and NEVER charge any fees unless/ until we can put money back into your pocket. For more information about how we can help, call our office at 888-987-0005 or fill out our convenient online form.
