Dangerous Product Injuries
Not all injuries are the fault of careless drivers or negligent store owners. Some are caused by products that let us down.
Fortunately, Texas product liability law provides a remedy for people hurt by dangerous products
Products That Have Been Known To Harm People
- Air Bags and Seat Belts
- Poor Instructions and Signage
- Asbestos, causing Mesothelioma
- Brake Linings
- Construction Materials
- Defective Car Design, such as Rollovers in SUVs
- Defective Medical Devices
- Dangerous Drugs
- Cellphone Batteries
- Water Heaters
- Household Solvents and Chemicals
- Fuel Systems that Start Fires
- Medical Devices
- Pharmacy and Prescription Errors
- Car and Other Product Recalls
- Toys that Harm Children
Under Texas Product Liability Law, What Duties Does a Company Have to Make a Safe Product?
In Texas, a company has a duty to create a product that is safe for a person to use. A seller or a manufacturer, or both, can be held liable for a dangerous product.
This duty applies to the product’s physical design, as well as to the instructions that accompany the product.
A company may be responsible for injuries that result from a product’s dangerous design or dangerous lack of proper use instruction.
When a company introduces a faulty product into the market, and it finds its way into your hands and injures you, the time is right to consider hiring a Texas product liability attorney.
Waco personal injury lawyers can help you recover compensation if the product that injured you was defective.
A dangerous product may have one of three types of defects:
- Defects designed into the product;
- Defects that occur in the manufacturing of a product or delivery of a service; or
- Defects in a product’s warning or perhaps no warning where there should be one.
What are Design Defects?
Design defects in Texas product liability law mean that
- A safer design was available to the manufacturer and
- The design defect caused the injury the claimant seeks recovery for.
A safer design was available if it was economically and technologically possible to implement it when the product left the control of the manufacturer or seller.
The state of technology at the time the company releases the product matters in assessing whether the product’s design was defective.
Later discovery or research breakthroughs that occur once a product has left a company’s hands will not make the product’s design defective.
What are Manufacturing Defects?
Manufacturing defects are defects that occur during the manufacturing process in error.
With a manufacturing defect, the product that caused the injury did not reach the injured claimant in its intended form. It either did not come off the line properly or was damaged somehow in transit.
What are Warning Defects?
Warning defects refer to a product’s lack of language or images alerting a user to foreseeable risks.
A failure to warn can occur when a warning is completely missing. A failure to warn can also occur when a warning is too short, small, or obscure to put a user on notice of a product’s potential dangers.
To warn a user effectively, a warning must jump out and make the user aware.
Warning defects can occur even in cases where a product is not used exactly as stated in the instructions.
If a use of a product is foreseeable and a company fails to warn, it may be liable in a Texas product liability claim.
Finally, Texas product liability law recognizes special types of carve-outs for certain products.
For example, inherently dangerous products, firearms and ammunition, and medicines are governed by special rules.
What Types of Damages May You Get in a Texas Product Liability Case?
Depending on the injury, damages for a Texas product liability case may include:
- Personal injury,
- Property damage,
- Lost wages,
- Medical expenses, and
- Loss of consortium (which refers to the loss your spouse experiences having you incapable of doing all the things normal in a marital relationship).
Under Texas product liability law, the types of damages you or your spouse might receive depend on the type of product that hurt you, the nature of the injury you sustained, and whether the product complied with federal safety standards for its type.
Texas product liability attorneys can develop a strategy for your particular case.
They can predict how the law might treat the ins and outs of your situation and help you put a strong foot forward in seeking recovery.
The product liability attorneys at The Zimmerman Law Firm are familiar with all types of dangerous product situations.
These cases are not easy, requiring a talent for investigation and analysis, and the nerve to take on large companies and their talented lawyers.
But we do it, and we have fought for many clients over the years. We can do the same for you.
Ask to set up a no-charge, no-obligation consultation.