PRODUCT LIABILITY ATTORNEY IN HOUSTON, TEXAS

According to the Bureau of Economic Analysis, in 2019, Americans spent approximately $13.2 trillion on consumer goods and services. Consumer goods are expected to improve our quality of life. Unfortunately, some of these products may contain defects, which can cause injuries and property damages. If you've been injured by a defective, faulty, or dangerous product, you may be entitled to recover damages.

I am committed to providing comprehensive legal services and dedicated representation in product liability cases. As an experienced Texas personal injury attorney, I can fight to protect your rights and help you pursue fair financial compensation for your injuries and property damages. My firm proudly serves victims of defective products throughout Houston, South Houston, Pasadena, Friendswood, Texas, and the surrounding areas.

UNDERSTANDING PRODUCT LIABILITY

"Product liability" can be described as the process of holding a manufacturer or seller responsible for injuries caused to the consumer by a defective item. Under Texas Civil Practice and Remedies Code Chapter 82, the defendant may be held liable if there is a defect in a product and the product caused an injury or harm to the consumer.

Unlike other personal injury cases in Texas, product liability cases are strict liability. There is no need to prove negligence in order to recover damages. A plaintiff only needs to prove that the product was defective, and the defects were responsible for the injury.

The Texas product liability statute of limitations to file an injury claim is two years from the date of injury or 15 years from the date of purchase (statute of repose).

TYPES OF PRODUCT DEFECTS

There are three types of product defects recognized under Texas state law:

DESIGN DEFECTS

A design defect occurs when a product was manufactured correctly, however, the way the product is designed makes it dangerous to the user. Under Texas law, a product with a defective design endangers the consumer even when the product was made flawlessly. Some examples of design defects include:

• A toy that a child can easily swallow

• A gun safety which allows a gun to be discharged

To recover damages, the user must prove that:

• The design was unsafe

• The plaintiff's injury occurred due to the design defect

• The manufacturer could have used a safer/alternative design

• Using an alternative design could have been reasonable from a technological and financial viewpoint

• The alternative design would have retained the product's features, utility, and benefits

A design defect occurs when the product itself was originally drawn up with a flaw that made the product unsafe.

MANUFACTURING DEFECTS

Manufacturing defects are defects that occur in the course of producing the product. Such a defect is usually caused due to a mistake or error in the quality control or production process. Examples of manufacturing defects include:

• A car's safety lock that doesn't engage

• Incorrectly attached parts

• Incorrect bolts or fasteners

Manufacturing defects differ from design defects in that they represent an error made in the making of a product so that the end result is not what was originally designed.

FAILURE TO WARN

Under Texas law, a product may be considered faulty when the manufacturer fails to provide adequate warning or instruction regarding how to use it. Examples include:

• A contraceptive that causes severe medical issues

• A car seat that falls back after exceeding a certain weight limit

• A chair that falls if not installed correctly

Manufacturers are required to provide a warning when a product could result in injury if used improperly or where there are steps that should be taken to prevent injury.

DAMAGES AVAILABLE

From a product liability lawsuit, the following damages may be recovered:

ECONOMIC DAMAGES

• Medical expenses

• Physical therapy costs

• Lost wages

• Loss of earning capacity

• Property damage

NON-ECONOMIC DAMAGES

• Mental anguish

• Pain and suffering

• Physical impairment

• Permanent disfigurement

• Loss of consortium

• Loss of enjoyment of life

Punitive damages may also be rewarded to further punish the product manufacturer or seller.

PRODUCT LIABILITY ATTORNEY IN HOUSTON, TEXAS

Every year, defective products such as personal care items, toys, appliances, and medical devices cause serious injuries to consumers throughout the United States. If you've been injured by a defective product, it is important that you speak with a knowledgeable attorney for proper guidance.

I am dedicated to providing outstanding legal services and helping clients seek fair compensation in their product liability cases. As an experienced Texas product liability attorney, I can help you evaluate what you are entitled to and determine how best to help recover your rightful compensation for any injury, damage, or loss incurred due to the defective product. As your legal counsel, I will fight compassionately to protect your rights and ensure that the responsible party is held liable.