How Defective Products Can Cause Preventable Injuries
A defective product can turn an ordinary task into an unexpected source of injury. Whether the problem involves a dangerous design or a manufacturing mistake, the product may cause harm that a safer product or proper information could have prevented. When you are dealing with medical bills, lost income, or questions about who may be responsible, identifying how the defect occurred can be an important first step.
Texas law allows certain injured people to pursue product liability claims against manufacturers or sellers when a defective product causes harm. At Rodman Law Office, we help people in Austin, Texas, and throughout Travis County, Williamson County, and Hays County evaluate whether a defective product may support a personal injury claim.
If you are unsure what caused your injury or who may be responsible, we can help you understand your legal options. Contact us to schedule a consultation.
What Makes a Product Defective?
A product may be defective because of a problem with its design, the way it was manufactured, or the warnings or instructions provided with it. The specific requirements for a claim depend on the type of defect and the circumstances surrounding the injury.
Texas defines a "products liability action" broadly. Under Chapter 82 of the Texas Civil Practice and Remedies Code, it can include claims against a manufacturer or seller based on theories such as strict products liability, negligence, misrepresentation, or breach of warranty when a defective product allegedly causes personal injury, death, or property damage. Common examples of potentially defective products include:
Vehicles or vehicle components with dangerous defects
Power tools and other machinery
Household appliances
Children's products and equipment
Medical devices
Consumer products containing dangerous components
A product associated with an injury does not automatically establish legal liability. The facts surrounding the product, defect, injury, and conduct of the parties must be evaluated.
How Can Design and Manufacturing Defects Cause Injuries?
A manufacturing defect occurs when a particular product differs from the manufacturer's intended design or specifications. The product may be dangerous because something went wrong during production, even though the overall product design was not necessarily defective.
A design defect presents a different issue. The product may have been manufactured according to its intended specifications, but the design itself may create an unreasonable risk of injury.
Texas law imposes a specific burden in design-defect cases: the claimant must "prove by a preponderance of the evidence" that a safer alternative design existed and that the defect was a producing cause of the injury.
The law also defines a safer alternative design as one that would probably have prevented or significantly reduced the risk without substantially impairing the product's utility and that was economically and technologically feasible when the product left the manufacturer's or seller's control.
These requirements can make evidence particularly important. Documents about the product's design, manufacturing process, testing, warnings, or alternative designs may help establish what happened.
When Can a Failure to Warn Matter?
Some products may present risks that are not obvious to ordinary consumers. If important information about a product's risks, proper use, or limitations is missing or inadequate, the warnings or instructions may become an important part of a Texas product liability claim.
The circumstances matter. A warning claim is not established simply because an injury occurred or because a product could have included additional information. The nature of the risk, the information provided, the way the product was used, and the connection between the alleged failure and the injury may all require examination.
For someone who has already been injured, this can create a practical challenge: the relevant evidence may be in the hands of a manufacturer, seller, or other company. Preserving the product itself, packaging, instructions, photographs, purchase records, and other available information may therefore be useful.
Who May Be Responsible for a Defective Product?
Texas product liability law recognizes claims against manufacturers and sellers, although whether a particular party can be held responsible depends on the facts and law.
A manufacturer generally includes a person or business that designs, formulates, constructs, fabricates, produces, processes, or assembles a product or component and places it into the stream of commerce. A seller is generally someone engaged in distributing or placing a product into the stream of commerce for commercial purposes.
That does not mean every company involved in selling or distributing a product will automatically be liable for an injury. The product's history and the conduct of the parties must be considered.
If you are considering speaking with our Texas product liability attorney, it can be useful to preserve information such as:
The product involved in the incident
Receipts or other proof of purchase
Packaging, labels, and instructions
Photographs or videos of the product and injury scene
Medical records and bills
Communications with the manufacturer or seller
Names of people who witnessed what happened
Do not discard or alter the product if it may be relevant to a potential claim. Its condition may provide important evidence about the alleged defect.
What Should You Know About Texas Product Liability Claims?
Texas law contains deadlines and other limitations that can affect product liability claims. For example, Texas generally imposes a 15-year statute of repose for products liability actions, subject to statutory exceptions, meaning the time to bring certain claims can depend on when the product was sold rather than when an injury was discovered.
Other deadlines and exceptions may apply depending on the circumstances, including the type of claim and the nature of the injury. Waiting to investigate can also make evidence more difficult to preserve.
If you were injured by a product, legal advice about your specific circumstances can help you understand which rules may apply.
Get Help for Your Product Liability Case
At Rodman Law Office, we can evaluate the circumstances surrounding a product-related injury and help you understand the potential legal issues involved. Our attorney, Jim Rodman, has been licensed in Texas since 1986 and has been a Board Certified Personal Injury Trial Lawyer since 1994.
We recognize that you may be trying to determine what happened while also dealing with treatment, expenses, or lost income. Our team can discuss the available information, identify questions that may require further investigation, and explain potential next steps.
Contact us today to schedule a consultation. We serve clients in Austin, Texas, and throughout Travis County, Williamson County, and Hays County.