Product Liability Injuries: Holding Manufacturers Accountable for Defects

People use products every day. They use their vehicles to get to work. They take prescription drugs to treat an illness. They use kitchen appliances to make meals for their family. When these products are used as intended, they should never cause anyone harm. 

In Texas, consumers are protected by a number of laws. If you have been injured by a defective product, you may be able to file a claim against the manufacturer to pursue compensation. If you are successful with your case, the damages could help cover your medical bills, lost wages, and more. Our Houston personal injury lawyer is standing by to help. 

What Injuries Do Defective Products Cause?

Defective products can cause a number of injuries that range from minor cuts to life-changing conditions and even wrongful death. The most common of these include:

• Burns: Electrical, heat, chemical, or friction burns are often caused by leaking chemicals, overheating appliances, or exploding batteries.
• Broken bones: Machinery malfunctions, tipping appliances, and collapsing furniture can all result in broken bones.
• Deep cuts: The skin can be severely torn or cut by jagged manufacturing edges, shattered glass, or misfiring power tools.
• Traumatic brain injuries (TBIs) and spinal cord injuries: Structural collapses, heavy equipment accidents, and vehicle component failures can all cause trauma to the spine and TBIs.
• Electrocution and shocks: Defective extension cords, ungrounded power tools, and faulty wiring can all cause electrical injuries.
• Amputations and crush injuries: Farm equipment, heavy industrial machinery, and factory tools can all cause a traumatic amputation that occurs at the scene. When a limb becomes crushed or damaged so severely that it cannot be saved, a limb may have to be surgically amputated.
• Poisoning and chemical exposure: Internal damage or illness can be caused by cosmetic products, toxic household cleaners, dangerous pharmaceuticals, and contaminated food.

What Types of Defects Cause Injuries?

The law in Texas recognizes three types of defects. These are as follows:

• Manufacturing defects: When proving a manufacturing defect, you must show that the product was assembled or built incorrectly, which made it different from the manufacturer’s intended design. A broken latch or a contaminated batch of medication are good examples of manufacturing defects.
• Design defects: A design defect means the actual design of the product is inherently dangerous and unsafe. When proving a design defect, you must show that an alternative existed that was safer and reasonable. You must also show this by a preponderance of the evidence, which means it is more likely than not that an alternative existed.
• Marketing defects: Marketing defects are also known as ‘failure to warn.’ When a product is inherently dangerous, particularly when the risks are not obvious, manufacturers must provide clear warning labels or adequate instructions. These labels and instructions must clearly state the risks of using the product and how to use it safely.

After reviewing your case, our Houston personal injury lawyer can determine what type of defect caused your injuries.

Proving a Product is Defective

Under the Texas Product Liability Act, manufacturers in the state can be held strictly liable for any injuries caused by their defective products. This means that unlike in many other types of personal injury cases, you do not have to prove negligence. Still, there are certain elements of your case you must still establish when holding a manufacturer responsible for your injuries. These include:

• The defect: You must show the product was defective and unreasonably dangerous.
• The condition of the product: You must show that the defect existed at the time it left the manufacturer’s control.
• Injuries: You must also prove the defective product was the direct cause of your injuries.
• Reasonable use of the product: You must show that you were using the product in the intended way and not using it in an unexpected manner.

Important Laws in Product Liability Cases

Like in other personal injury cases, there are important laws that may affect your case. These are as follows:

• Statute of limitations: The statute of limitations is the time limit on your claim. Generally speaking, you have two years from the date of the injury to file a lawsuit. If you do not take legal action before this time limit expires, you will likely be barred from obtaining any damages at all. There are exceptions to this law, but they are limited.
• Statute of repose: There are some exceptions to the statute of limitations. For example, if you did not discover your injuries right away, the statute of limitations is tolled, or delayed, until two years from the date of discovery. Under the statute of repose in Texas, however, there is a 15-year cutoff date from the time the product was first sold. This means that you can file a lawsuit against a manufacturer for a product that is older than 15 years unless you have a written warranty guarantee that outlines a longer life.
• Comparative fault: Texas follows modified comparative fault law. This means that you can still file a claim if you contributed to your injuries, but only if your share of the blame is 50 percent or less. Any damages you are awarded will then be reduced by your same percentage of fault. If you are more than 50 percent at fault, you are barred from recovering any compensation at all. Manufacturers often raise this defense, so it is critical to work with a lawyer who will protect your rights.

Our skilled attorney can advise you on the laws that may impact your claim.

Call Our Personal Injury Lawyer in Houston Today

No one expects to become injured using everyday products. Unfortunately, it happens all too often, and when it does, people become very hurt. At Integrity Law Group, PLLC, our Houston personal injury lawyer has the skill and experience to go up against the big manufacturers, prove your case, and help you obtain the full and fair compensation you are entitled to. Call us today at (832) 280-9576 to schedule a consultation with our knowledgeable attorney so we can get started on your case right away.