Product Liability in Texas: What to Know If a Defective Product Injures You

When you purchase or use a product, you generally expect it to be reasonably safe when used as intended. Unfortunately, defective products can cause serious injuries, expensive medical treatment, lost income, and long-term complications.

If you were injured by a defective product in McAllen, Edinburg, Mission, Pharr, or elsewhere in the Rio Grande Valley, you may have legal options. Texas product liability law may allow an injured person to seek compensation when a defective product causes personal injury, property damage, or other losses.

A product liability claim can involve complicated questions about the product’s design, manufacturing, warnings, instructions, and the companies involved in placing the product into the marketplace. An experienced Rio Grande Valley product liability attorney can review the circumstances of an injury and help identify potentially responsible parties.

What Is Product Liability?

Product liability refers to legal claims involving injuries or damages allegedly caused by a defective product.

Under Texas law, a products liability action may involve claims based on theories such as strict products liability, negligence, misrepresentation, or breach of express or implied warranty. These claims may arise when a defective product causes personal injury, death, property damage, or other losses.

Potentially responsible parties may include:

• The product manufacturer
• A company that designed or assembled the product
• A manufacturer of a defective component
• A distributor
• A commercial seller
• Other parties involved in the product’s chain of distribution

The specific parties that may be responsible depend on how the product was designed, manufactured, sold, distributed, and used.

What Are the Main Types of Product Defects?

Product defects generally fall into several categories. Identifying the type of defect can be an important part of investigating a potential product liability claim.

Design Defects

A design defect may exist when the product’s design itself creates an unreasonable risk of injury.

In other words, the issue may not be a single mistake during manufacturing. Instead, the design of the product may make the entire product line unnecessarily dangerous when a safer alternative design may have been available.

Examples could include:

• A power tool designed with inadequate safety features
• A vehicle component that creates an unreasonable risk of serious injury
• A household product designed in a way that creates a foreseeable hazard
• A piece of equipment that lacks a reasonable safety mechanism

Determining whether a product has a defective design often requires a detailed review of the product, its intended use, available safety features, and the circumstances of the injury.

Manufacturing Defects

A manufacturing defect may occur when a product differs from its intended design because of an error during production, assembly, or manufacturing.

For example, a product may be properly designed but become dangerous because:

• A component was improperly installed
• A part was damaged during production
• The product was assembled incorrectly
• The wrong material or component was used

A manufacturing defect may affect one product or a limited number of products, even when the overall design is not defective.

Marketing Defects and Failure to Warn

A product may also be dangerous because the manufacturer or seller failed to provide adequate warnings or instructions about foreseeable risks.

Warnings and instructions may be particularly important when a product presents risks that an ordinary consumer may not reasonably understand.

Potential issues may include:

• Inadequate warnings
• Missing safety instructions
• Instructions that are unclear or misleading
• Failure to warn about a known risk
• Failure to provide information about foreseeable dangers

A failure-to-warn claim depends on the facts of the specific case, including the nature of the product and the risks involved.

What Products Can Lead to a Product Liability Claim?

Product liability claims can involve many different types of products.

Examples may include:

• Defective vehicles and auto parts
• Dangerous medical devices
• Defective prescription or medical products
• Power tools and construction equipment
• Household appliances
• Children’s products and toys
• Defective safety equipment
• Industrial machinery
• Consumer products
• Defective vehicle components

A product does not necessarily have to be brand new for a potential product liability claim to exist. The facts surrounding the product’s sale, distribution, condition, and use can all matter.

Who May Be Responsible for a Defective Product Injury?

Product liability cases can involve multiple companies and individuals.

Depending on the circumstances, potentially responsible parties may include:

The Manufacturer

The manufacturer may be responsible when a defect in the product’s design, manufacturing, or warnings causes an injury.

A Component Manufacturer

Some products are made from components manufactured by different companies. If a defective component contributes to an injury, the component manufacturer may potentially be involved in a claim.

A Distributor or Seller

Texas law recognizes that product liability claims may involve businesses that distribute or commercially sell products. Whether a particular seller may be responsible depends on the circumstances and applicable law.

Other Parties in the Chain of Distribution

A product may pass through several companies before reaching the consumer. Investigating the chain of distribution can help determine which parties may have been involved in placing the allegedly defective product into the marketplace.

What Compensation May Be Available in a Texas Product Liability Case?

The damages available in a product liability case depend on the circumstances of the injury and the applicable law.

Potential compensation may include losses such as:

• Emergency medical treatment
• Hospital bills
• Doctor visits
• Prescription medications
• Physical therapy
• Rehabilitation
• Lost wages
• Reduced earning capacity
• Physical pain
• Mental anguish
• Permanent impairment
• Disfigurement
• Property damage
• Other accident-related losses

Serious injuries may require ongoing treatment and rehabilitation. It is important to understand the full extent of an injury before making decisions about a potential settlement.

What Should You Do After Being Injured by a Defective Product?

If a defective product causes an injury, taking certain steps may help protect your health and preserve important evidence.

Seek Medical Attention

Your health should be the first priority. Some injuries may not be immediately obvious, particularly when symptoms develop gradually.

Seek medical attention and follow your healthcare provider’s recommendations.

Preserve the Product

If possible, keep the product in its current condition. Do not throw it away, repair it, modify it, or dispose of potentially important components unless instructed to do so by an appropriate professional.

The product itself may be important evidence.

Preserve Packaging and Instructions

Keep the product’s packaging, labels, warnings, manuals, receipts, and other related documents.

These materials may help establish where the product came from and what warnings or instructions were provided.

Take Photos and Document What Happened

Photographs of the product, the accident scene, and visible injuries may be important.

Write down what happened while the details are still fresh in your memory. Include information about when and where the product was used, how it malfunctioned or caused the injury, and who may have witnessed the incident.

Be Careful When Speaking With Insurance Companies

Insurance companies may ask questions about the accident and your injuries. You should be truthful, but avoid guessing or speculating about details you do not remember.

Do not assume that an insurance company’s initial position or settlement offer reflects the full value of a potential claim.

Avoid Posting About the Injury Online

Social media posts, photos, videos, and comments may potentially be taken out of context during an insurance claim or legal case.

It may be best to avoid posting details about the accident, injury, product, or potential claim until you have received appropriate legal guidance.

How a Rio Grande Valley Product Liability Attorney Can Help

Product liability cases often require a detailed investigation.

An attorney may help:

• Identify the type of product defect
• Determine how the injury occurred
• Identify potentially responsible parties
• Investigate the product’s chain of distribution
• Preserve important evidence
• Review medical records and damages
• Investigate insurance coverage
• Evaluate potential legal claims
• Handle communications with insurance companies and opposing parties

For people in the Rio Grande Valley, local legal representation can also provide familiarity with the communities and courts in areas such as McAllen, Edinburg, Mission, Pharr, Brownsville, and surrounding South Texas communities.

Contact a Rio Grande Valley Attorney

If you or someone you love was injured by a defective product, you may have legal options.

Product liability claims can involve complicated questions about the product’s design, manufacturing, warnings, sellers, manufacturers, and other parties involved in the chain of distribution. An attorney can review the circumstances of your injury and help you understand your potential legal options.

Brasure Law Firm, PLLC represents injured people in McAllen, Edinburg, Mission, Pharr, Brownsville, and communities throughout the Rio Grande Valley.

If you believe a defective product caused your injury, contact Brasure Law Firm to schedule a free consultation.