Each year, thousands of Texans are injured or killed due to defective products. That’s because there are poorly designed and assembled products all over the marketplace, along with unscrupulous sellers. Corners that are cut in the production and supply chain may increase the bottom line but often comes at the cost of consumer safety.

You have the right to expect that any product you buy – no matter the cost – will do what it is meant to do, and not put your health or the safety of your family at risk. If you have been injured or a loved one killed due to a defective product in Fort Worth, Dallas, or the surrounding area, you may be entitled to substantial compensation for your losses.

Fort Worth Product Liability Lawyer Serving All of Texas

That’s where a Fort Worth product liability lawyer comes in. At Varghese Summersett Injury Law Group, our team holds individuals and companies responsible for dangerous or defective products that cause injury or death. It doesn’t matter if it’s a faulty car seat or a flammable blanket – product safety is paramount.

In this article, our attorneys explain product liability in Texas, the types of product defects, the causes of product liability injuries, the process for recovering compensation, and how our law firm can help.

Don’t think you can afford a Fort Worth product liability attorney? We work on contingency, which means you don’t pay us anything upfront or out-of-pocket. We get only get paid after you get paid –  when we recover compensation for you.

What is Product Liability in Texas?

Product liability refers to the legal responsibility that manufacturers, distributors, and sellers have to customers who are injured, killed, or sustain property damage due to a defective product. It’s a complex area of law, but the basic premise is that any product sold in Texas must be free from defects and safe to use as intended or the manufacturers, sellers – or anyone in the chain – may be liable for injuries or losses.

If you or a loved one purchased a product and used it as intended, only to be injured or killed due to a product defect, you may have a product liability claim. It’s important to speak to a Fort Worth product liability lawyer as soon as possible to discuss your legal options.

What Types of Product Defects are Recognized Under Texas Law?

In Texas, there are three main types of product defects recognized in product liability cases:

Design defects

Design defects occur when there’s an issue with the original design of the product itself, which makes it inherently and unreasonably dangerous. To prove a design defect in a Texas liability claim, the plaintiff must show that a safer, alternative design could have been used, and that the defect lead to personal injury, property damage, or death.

Examples of design defects can include:

• A baby crib is designed with slats that are too far apart, leading to a child’s head becoming stuck.
• A car’s fuel tank is located in an area that is vulnerable to collision, which causes the tank to catch fire in a crash.
• A ladder is designed with a locking mechanism that easily disengages, causing the ladder to collapse and injure the user.
• A toy that contains small parts that can easily be swallowed by a child, causing a child to choke.

Manufacturing defects

Manufacturing defects occur when something goes wrong during the assembly or manufacturing phase of a product. In other words, the product is not made according to its intended design. These defects may be due to faulty parts or improper assembly of the product. To prove a manufacturing defect, the plaintiff must show that the defect was result of a mistake in the manufacturing process and the defect was present when the product left the factory.

Examples of manufacturing defects can include:

• A bicycle is assembled with a missing or incorrectly installed part, causing the brakes to fail and resulting in a serious accident.
• A food product is packaged with foreign objects, such as broken glass, resulting in harm to the consumer.
• A toy is painted with lead-based paint, rather than the non-toxic paint specified in the product design, which is toxic to children.
• A piece of machinery is manufactured with a part that is made of the wrong material, causing it to fail, leading to injury or death.

It’s important to point out that Texas hold manufacturers strictly liable, which means that product defects are presumed to be the fault of the manufacturer, even if they weren’t aware of the product defect. In other words, you don’t have to prove the manufacturer knew about the defect or was negligent.

Failure to warn

Failure to warn – also referred to as a marketing defect – refers to situations in which a product is inherently dangerous, but the manufacturer or seller fails to provide adequate warnings or instructions for its safe use. In a marketing defect case, the plaintiff must prove that the manufacturer knew or should have known about the dangers of the product and failed to provide adequate warnings or instructions.

Interestingly, a manufacturer or seller does not need to provide warnings about products that are considered to be “commonly known” or “generally accepted.” For example, no warning is necessary for a product like a life, since it’s well-known that a knife is sharp.

Examples of failure to warn can include:

• The manufacturer or seller failed to warn that a cleaning product can cause chemical burns if it contacts the skin.
• The manufacturer or seller failed to warn about the dangers of airbags to a child riding in the front seat of a vehicle.
• The manufacturer or seller failed to warn about the dangers of using a highly flammable product near an open flame.

What are the Types of Product Liability Lawsuits in Texas?

In Texas, there are three main types of product liability cases:

Negligence

In a negligence lawsuit, the plaintiff must prove that the manufacturer, distributor, or seller of the product was negligent in some way. This means that they failed to exercise reasonable care in the design, manufacturing, or marketing of the product. To prove negligence, the plaintiff must show that the defendant had a duty to exercise reasonable care, that they breached that duty, and that the breach caused the plaintiff’s injuries.

Strict Liability

In a strict liability lawsuit, the plaintiff does not have to prove that the manufacturer was negligent. Instead, the plaintiff must prove that the product was defective and that the defect caused their injury. Strict liability is a more straightforward legal theory, but it can be more difficult to prove in some cases.

Breach of Warranty

In a breach of warranty lawsuit, the product must have been sold with some type of express or implied guarantee. If the product did not perform according to that guarantee, then the plaintiff may be able to file a product liability claim for breach of warranty.

An experienced product liability lawyer will investigate the facts and circumstances of your case to determine the best strategy for your product liability claim.

What Are Common Causes of Product Liability Injuries?

Product liability injuries can be caused by a wide range of products, including but not limited to:

• Defective automobiles and car parts
• Dangerous children’s toys
• Defective power tools and equipment
• Faulty medical devices
• Unsafe drugs
• Hazardous household products
• Defective machinery and equipment
• Contaminated food and beverages

What Should You Do If You’ve Been Injured by a Defective Product?

If you have been injured by a defective product, it is important to seek medical attention right away. Depending on the nature and severity of your injuries, you may need to undergo diagnostic tests such as X-rays, CT scans, or MRIs. Treatment for product liability injuries can include:

• Surgery
• Medications
• Physical therapy
• Occupational therapy
• Counseling

The cost of medical treatment can be expensive, and if you have been injured by a defective product, you may be entitled to compensation for these costs and more. You didn’t ask for this and you shouldn’t have to pay for it. After receiving medical attention, your next call needs to be to a Fort Worth product liability lawyer.

What Kind of Compensation Can I Recover in a Product Liability Claim?

If you have been injured by a product, you may be eligible for the following types of compensation:

Economic Damages: Victims may be awarded compensation to cover the cost of medical bills, lost wages, and property damage stemming from injuries caused by a defective product.

Non-Economic Damages: Victims may be awarded compensation to cover pain and suffering, emotional distress, loss of companionship, and enjoyment of life.

Punitive Damages: Victims may be awarded punitive damages if the court wishes to punish the defendant for their behavior. These are not awarded in every case.

If you’ve been injured by a defective product, contact an experienced product liability lawyer in Fort Worth to find out how to get the compensation you deserve. We will review your case and provide options for moving forward with a product liability claim.

How Long Do I Have to File a Product Liability Claim?

In Texas, product liability claims must be filed within two years of the date of the injury. This is known as the statute of limitations, and if you fail to file within this timeframe you may lose your right to seek compensation for your injuries. It’s important to act quickly, so contact a Fort Worth product liability lawyer as soon as possible.

It’s important to note that there are some exceptions to this general rule. If you believe you have a product liability claim in Texas, it’s important to speak with an attorney as soon as possible to ensure that your claim is filed within the applicable time frame limitations.

How Can a Fort Worth Product Liability Lawyer Help Me?

A Fort Worth product liability lawyer at Varghese Summersett Injury Law Group will evaluate your case, investigate and collect evidence to prove negligence or strict liability, negotiate with insurance companies on your behalf, and represent you in court if necessary.

Our product liability lawyers are experienced, knowledgeable, and dedicated to making sure you get the compensation you deserve. We have helped clients throughout North Texas, including Fort Worth, Dallas, Plano, McKinny, Irving, Arlington.

What if I Can’t Afford a Fort Worth Product Liability Lawyer?

At Varghese Summersett Injury Law Group, the last thing we want to do is compound financial difficulties. You have enough on your plate just trying to recover and rebuild. That’s why we offer free initial consultations with an experienced Fort Worth product liability lawyer. If we take on your case, we will work on contingency. That means you don’t owe us any attorney’s fees unless we recover compensation for your product liability claim.

Speak to a Fort Worth Product Liability Lawyer Today.

When it comes to product liability, knowledge is power. Varghese Summersett Injury Law Group has vast experience in product liability claims. We are committed to staying abreast of the latest product safety laws and regulations, legal precedents, and product liability case law.

If you were hurt or a loved one was killed due to a product that had a defective design, manufacturing or warning label, call today for a free consultation with a Fort Worth product liability lawyer.

Our personal injury lawyers are passionate about protecting the rights of our clients, and we will fight to help you get the justice and compensation you deserve. Contact us today at 817-207-4878 (HURT) for a free consultation with a Fort Worth product liability lawyer and let us help get you on the road to recovery.