Each year, numerous Texans face injuries due to defective products, ranging from motor vehicles to medical devices and household goods. Product liability cases often involve serious injuries that can significantly impact your life. Understanding the nuances of how these products fail — whether through design, manufacturing, or marketing flaws — is crucial in establishing liability and pursuing justice.
At Hernandez Sunsoky, LLP, our dedicated team of Houston product liability attorneys is well-equipped to navigate the complexities of product liability claims. With a deep understanding of Texas law and a commitment to justice, we provide the robust support needed to challenge negligent manufacturers and secure the compensation you deserve. If a defective product has injured you or a loved one, don’t wait. Contact us today to start on the path to recovery and ensure your rights are fully protected.
Texas Product Liability Law
Texas has strict liability for product liability cases. This means that a manufacturer is held responsible for any injuries caused by hazardous or defective products that it may have produced. This is different from a negligence standard, which requires proof that the defendant was at fault for the injuries. Here, the consumer will not have to show fault. Instead, there are other elements to the case.
Elements of a Texas Product Liability Case
In a product liability case, the injured party will have to show that the manufacturer produced the defective product that caused his or her injury. This means that any other parties, like distributors and the store where the product was purchased, will not be liable unless they did something to alter or change the product. So, if the consumer was injured by the product and it was in the same condition as when it left the factory, then the manufacturer will be the only potentially liable party. Conversely, if there was something altered to the product at the time it reached the customer, then a manufacturer can use this as a defense to its liability.
Even though a manufacturer is strictly liable for product defects under Texas law, the plaintiff will still have to prove that his or her injuries were caused by the defective product. For example, if the complaint is that a person was injured as a result of the product, they will need to demonstrate how the defective product was the proximate cause of the specific injuries. In addition, if the person was misusing the product at the time of the injury, this could serve as a defense for the manufacturer to avoid being held liable.
Types of Defects Covered by Texas Product Liability Law
In Texas, product liability law recognizes three primary types of defects that can lead to legal claims. Understanding these categories is crucial for anyone involved in or affected by a product liability case. Each type of defect presents unique challenges and requires specific evidence to prove.
Manufacturing Defects
A manufacturing defect occurs when there is a mistake or error during the production process. This type of defect can happen with any product—from pharmaceuticals, where a chemical imbalance may arise, to furniture that breaks due to flawed materials. To establish a manufacturing defect, you must demonstrate that the flaw was overlooked by the manufacturer’s quality control processes and that the product did not meet the expected standard of production.
Design Defects
Design defects pertain to products that are inherently unsafe due to their design. An example includes children’s toys that pose choking hazards. These products are dangerous irrespective of the manufacturer’s quality control measures. Establishing a design defect requires showing that the product’s design is fundamentally unsafe when used as intended.
Marketing Defects
Marketing defects involve failures in communicating the risks associated with a product. Manufacturers have a responsibility to warn consumers about the dangers of using their products, which is often done through warning labels. For instance, medications may carry labels about potential side effects, while machinery like chainsaws will have instructions on proper usage and safety requirements. If a product known to be potentially hazardous lacks adequate warnings or instructions, the manufacturer may be held liable for any resulting injuries due to improper marketing.
Statute of Limitations for Product Liability
At Hernandez Sunsoky, LLP, our experienced Houston product liability lawyers understand the critical importance of acting swiftly in product liability cases. In Texas, the statute of limitations for product liability claims is generally two years from the date the claimant was injured by the defective product. This means that potential claims must be filed within this timeframe to be considered valid in a court of law. If you or a loved one has been harmed by a defective product, we urge you to contact us immediately to ensure your rights are protected and your claim is filed promptly.
Contact Our Houston Product Liability Attorneys
Personal injury claims based on defective products can be very complex. This is why you need the assistance of the experienced product liability attorneys at Hernandez Sunosky, LLP, to get you the compensation you deserve. Call our firm today for a free consultation on your product liability claim.
Based in Kingwood, Hernandez Sunosky LLP serves clients in Houston, Atascocita, Humble, New Caney, Porter, Pearland, and across Texas. Our experienced personal injury attorneys are here to support you in your time of need, providing the guidance