Experienced Legal Representation for Victims of Dangerous and Defective Products
Every day, consumers trust that the products they purchase are safe to use. But when manufacturers, distributors, or retailers release defective or dangerous products into the marketplace, the results can be catastrophic. If you or a loved one has been injured by a defective product in Houston or anywhere in Texas, 713 Justice can help you hold the responsible parties accountable.
Our experienced product liability attorneys have the knowledge, resources, and determination to take on major corporations and fight for the compensation you deserve.
What Is Product Liability?
Product liability law holds manufacturers, distributors, retailers, and other parties in the supply chain responsible when defective products cause injury to consumers. Unlike typical negligence cases, product liability claims often allow injured parties to recover compensation without proving that the defendant was careless or negligent.
In Texas, you may have a product liability claim if you can prove:
- The product was defective. The product had a design flaw, manufacturing defect, or inadequate warnings that made it unreasonably dangerous.
- The defect caused your injury. Your injuries resulted directly from the product defect, not from misuse or unrelated factors.
- You were using the product as intended. You were using the product for its intended purpose or in a reasonably foreseeable manner.
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Three Types of Product Defects
Product liability cases typically involve one of three types of defects:
Design Defects
A design defect exists when a product is inherently dangerous due to the way it was designed, even before it’s manufactured. The entire product line is dangerous because of fundamental flaws in the design itself.
Examples include vehicles that are prone to rollovers, appliances with inadequate safety mechanisms, or children’s products with small parts that pose choking hazards.
Manufacturing Defects
Manufacturing defects occur during the production process when something goes wrong. While the design may be safe, errors in manufacturing create dangerous products. These defects typically affect only some products in a line, not all of them.
Examples include contaminated food products, improperly assembled machinery, defective airbags that fail to deploy, or medical devices manufactured with substandard materials.
Marketing Defects (Failure to Warn)
Marketing defects involve inadequate instructions, insufficient warnings, or misleading information about a product’s proper use and potential dangers. Even properly designed and manufactured products can be unreasonably dangerous if consumers aren’t warned about risks.
Examples include medications without adequate warning about side effects, chemicals without proper safety instructions, or power tools lacking warnings about specific hazards.
Common Types of Product Liability Cases
Our Houston product liability lawyers handle claims involving a wide range of defective products:
Defective vehicles and auto parts. Faulty brakes, defective tires, airbag failures, seatbelt malfunctions, fuel system defects, and ignition switch problems.
Dangerous pharmaceutical drugs. Medications with undisclosed side effects, contaminated drugs, incorrect dosage instructions, or drugs released without adequate testing.
Defective medical devices. Faulty pacemakers, defective hip or knee replacements, dangerous surgical mesh, IUD complications, or malfunctioning insulin pumps.
Dangerous children’s products. Cribs with safety hazards, toys with toxic materials, car seats that fail in crashes, or products with choking hazards.
Defective consumer electronics. Cell phones or laptops that catch fire, hoverboards with battery issues, or appliances with electrical hazards.
Unsafe household products. Defective ladders, dangerous power tools, furniture that tips over, or appliances that cause fires.
Contaminated food products. Food poisoning from contaminated products, undeclared allergens, or foreign objects in food.
Defective machinery and equipment. Industrial equipment without proper safety guards, construction equipment with design flaws, or farming equipment that causes injury.
Dangerous consumer products. Exploding e-cigarettes, defective furniture, unsafe cosmetics, or toxic building materials.
Who Can Be Held Liable?
Texas law allows injured parties to pursue claims against multiple parties in the product supply chain, including:
Manufacturers. Companies that design and produce the product, including both the finished product manufacturer and component part manufacturers.
Distributors and wholesalers. Businesses that distribute products from manufacturers to retailers.
Retailers. Stores and online sellers that sell products directly to consumers.
Importers. Companies that bring foreign-manufactured products into the United States.
In many cases, multiple parties share liability for a defective product. Our attorneys conduct thorough investigations to identify all responsible parties and maximize your potential compensation.
Texas Product Liability Laws
Texas follows specific legal principles in product liability cases:
Strict liability standard. For manufacturing defects, Texas applies strict liability, meaning you don’t need to prove the manufacturer was negligent. You only need to show the product was defective and caused your injury.
Risk-utility test. For design defects, Texas uses a risk-utility analysis. You must prove that the product’s risks outweighed its benefits, and that a safer alternative design was available that was economically and technologically feasible.
Consumer expectation test. Courts may also consider whether a product is more dangerous than an ordinary consumer would expect when used in an intended or reasonably foreseeable manner.
Comparative responsibility. If you were partially at fault for your injuries (such as by misusing the product), your compensation may be reduced by your percentage of fault. However, you can still recover if you were less than 51% responsible.
Statute of limitations. You have two years from the date of injury to file a product liability lawsuit in Texas. For latent injuries that aren’t immediately apparent, the clock may start when you discover or reasonably should have discovered the injury.
Statute of repose. Texas has a 15-year statute of repose for product liability cases, meaning claims generally cannot be brought more than 15 years after the product was first sold, with certain exceptions.
Why Product Liability Cases Are Complex
Product liability claims present unique challenges:
Well-funded corporate defendants. You’re typically facing large corporations with substantial legal resources and experienced defense teams determined to minimize their liability.
Technical complexity. Proving a product is defective often requires extensive testing, engineering analysis, and expert testimony about design, manufacturing processes, and industry standards.
Multiple defendants. Cases often involve numerous parties across the supply chain, each attempting to shift blame to others.
Extensive discovery. Obtaining internal company documents, testing data, and safety reports requires aggressive legal tactics and substantial resources.
Expert witnesses required. Product liability cases depend heavily on qualified experts who can explain complex technical issues to judges and juries.
Litigation costs. These cases can cost tens of thousands of dollars to properly investigate and prosecute, including expert fees, product testing, and document review.
Compensation in Product Liability Cases
If you’ve been injured by a defective product, you may be entitled to substantial compensation for:
- Medical expenses, including emergency treatment, hospitalization, surgery, rehabilitation, medication, and future medical care
- Lost wages and loss of earning capacity if your injuries prevent you from working
- Pain and suffering for physical discomfort and emotional distress
- Permanent disability or disfigurement
- Diminished quality of life
- Property damage caused by the defective product
- Wrongful death damages if a loved one died due to a defective product, including funeral costs, loss of companionship, and loss of financial support
In cases involving gross negligence or willful misconduct by the manufacturer, punitive damages may be available to punish the defendant and deter similar conduct.
Signs You May Have a Product Liability Claim
Consider consulting a product liability attorney if:
- You were injured while using a product according to its instructions
- The product broke, malfunctioned, or failed during normal use
- You discovered the product has been recalled or is the subject of safety warnings
- The product lacked adequate warnings or safety instructions
- You’ve found reports of similar injuries involving the same product
- The manufacturer has faced previous lawsuits over the same product
- Your injury was severe and resulted in significant medical expenses or disability
The Value of Legal Representation: Why Lawyers Get Better Results
Statistics Show Represented Claimants Receive Higher Compensation
Research consistently demonstrates that accident victims who hire personal injury lawyers receive significantly more compensation than those who handle claims themselves:
- 3.5x Higher Settlements: According to Insurance Research Council studies, accident victims represented by attorneys receive settlements that are 3.5 times higher on average than those who settle without legal representation
- Better Results Even After Legal Fees: Even after paying attorney fees, represented claimants typically net more money than unrepresented victims
- Higher Success Rate: Lawyers successfully resolve claims in over 95% of cases, compared to much lower success rates for self-represented individuals
- Faster Resolution: Experienced attorneys often resolve cases more quickly by knowing how to navigate insurance company procedures and legal requirements
The Cost of Going It Alone
Unrepresented accident victims often fall into common traps that cost them thousands of dollars:
Quick Settlement Pressure: Insurance companies rush unrepresented victims into early settlements before the full extent of injuries is known
Undervalued Claims: Without legal knowledge, victims often accept far less than their claims are worth
Waiving Important Rights: Unrepresented claimants may unknowingly sign releases that prevent future claims for ongoing medical issues
Missing Deadlines: Failure to meet legal deadlines can result in complete loss of the right to compensation
Inadequate Documentation: Improper case preparation can significantly reduce claim value
Frequently Asked Questions
Do I need to prove the manufacturer was negligent?
Not necessarily. For manufacturing defects, Texas applies strict liability, meaning you only need to prove the product was defective and caused your injury. For design defects, you'll need to show the design was unreasonably dangerous, but not necessarily that the company was careless.
Can I sue if I bought the product used or received it as a gift?
Yes. Product liability claims aren't limited to the original purchaser. Anyone injured by a defective product may have a claim, regardless of how they acquired it.
What if the product came with a warning label?
Warning labels don't automatically shield manufacturers from liability. We'll evaluate whether the warning was adequate, clearly visible, and properly communicated the actual risks involved.
Can I still sue if the company has gone out of business?
Potentially. Other parties in the supply chain, such as distributors or retailers, may still be held liable. Insurance policies may also provide coverage even if the company no longer exists.
What if many people were injured by the same product?
Mass tort litigation or class action lawsuits may be available when many people are injured by the same defective product. Our attorneys can advise whether joining existing litigation or pursuing an individual claim is best for your situation.