The Gibson Law Firm Practice Areas
Product Liability Attorneys in Houston, TX
Being hurt by a defective product in Texas can dramatically change the course of your life. A faulty electronic device could deliver an electric shock to your child or even start a fire that destroys your home. Holding manufacturers and other at-fault parties accountable can seem overwhelming when it is just you against a big company.
That is where the Houston product liability lawyers at The Gibson Law Firm can come to your rescue. Instead of feeling lost and unable to proceed, we examine your product liability claims in light of our experience and knowledge of Texas and federal law. Speak with our product liability attorneys in Houston, TX, by arranging a free consultation using our online form today.
Types of Product Defects
Product liability claims are a special part of personal injury law, covering consumers who are injured when a company fails to uphold its duty of care to the public. A business that makes, sells, distributes, or markets dangerous products must be held accountable through the court system so they are not able to hurt others. During your free consultation, our Texas product liability lawyers can assess your circumstances and determine whether your claim is related to design defects, manufacturing defects, or marketing defects.
Design Defects
Designing a product requires the originators to consider all aspects of how the item may be used, especially any situations in which it may malfunction. They should continue to refine the design until they can mitigate as many negative impacts as possible. If they do not, those hurt by the faulty design may have the right to file product liability claims.
There are many recent examples of manufacturing defects, such as the Bronco Sport and Escape model recall issued by Ford Motor Company regarding a faulty fuel injector. The current information indicates the issue is supplier-related, possibly pointing to poor design or manufacture. When a product’s design leads to injuries, victims can seek compensation by demonstrating how the designer is at fault.
Manufacturing Defects
Manufacturing defects often occur without the producer’s knowledge, or they may result from insufficient testing and quality assurance. An example of a manufacturing issue is Baxter’s voluntary recall of sodium chloride injectable solution containing elevated endotoxins. Products released under a specific lot number can cause multi-organ failure, toxic shock, and death.
Other manufacturing defect product liability cases could arise from faulty brakes or ignition systems on vehicles, kitchen products that do not have safety guards for sharp blades, or power tools that do not have proper grounding plugs to avoid electrocution or fires.
Marketing Defects
Sometimes, a product is designed and manufactured safely, but the information about it may be misleading, unclear, or inaccurate. Perhaps the instructions leave out critical details about how to use the item, or the advertisements promise something the product cannot deliver. These warning and labeling errors can lead consumers to suffer serious harm, and the at-fault parties can be held liable.
Common Product Liability Cases
Our team of attorneys and support professionals have spent years protecting the rights of injured consumers after negligent companies designed, manufactured, or marketed defective products in Texas. We have managed many types of product liability cases and are dedicated to helping you obtain the compensation you need for full recovery. If you believe you are eligible to file a product liability lawsuit, contact us right away.
Below is a list of common kinds of claims and recent or famous examples from across the U.S. Please note that The Gibson Law Firm has not represented the plaintiffs in these cases.
- Pharmaceutical products: These involve medications or over-the-counter products intended for medicinal or personal care. A famous example involves Johnson & Johnson, which recently announced a settlement payment plan to compensate consumers who sued after becoming ill because the company failed to disclose the presence of asbestos in its talcum powder.
- Auto products: These cases often relate to faulty or defective airbags or other components. For example, the National Highway Traffic Safety Administration (NHTSA) issued a recall for over 100,000 Chevy Volt automobiles because their batteries would overheat and catch fire. Several homes and vehicles were lost, leading to a class action lawsuit on behalf of those owners.
- Car seats: Child restraint devices that malfunction in an accident can cause catastrophic injuries and death to their occupants.
- Household products: These involve items used in the construction or running of a home, such as when 176,000 plaintiffs won a class action suit against Owens Corning for failing to warn consumers about asbestos in its home insulation products.
- Children’s toys: Many toys and games marketed for children have small parts that could present a choking hazard, or may have faulty designs that pinch or damage fingers. Children could be maimed or disabled for life in serious cases.
Other examples involve power tools, cleaning agents, and other consumer products. The rise of lithium-ion batteries in everything from cell phones to decorative lighting products to electric vehicles has driven a similar increase in claims under product liability law. The National Fire Protection Association warns that these items can catch fire or explode, leading to fires inside homes, cars, and bags. If you were harmed by a lithium-ion battery, medication, or any other defective product on this list, please speak with our team immediately about filing a product liability lawsuit in Texas against the at-fault parties.
How Are Product Liability Cases Different From Other Personal Injury Cases?
While product liability cases are a form of personal injury lawsuit, they are actually litigated differently from cases such as car accidents or premises liability claims. In situations where a plaintiff may experience only financial damages or loss due to a faulty product but no injuries, they must adhere to the standard requirements to establish fault by the manufacturer by demonstrating negligence.
However, if they are physically harmed, Texas law allows plaintiffs to sue product designers, manufacturers, and marketers under the doctrine of strict liability. This legal concept means they can be found financially liable without the plaintiff showing proof of negligence. Hence, all types of product liability claims may provide a faster avenue to compensation for victims than most other civil actions.
Elements to Show Strict Liability in Product Liability Cases
To successfully secure a settlement or jury award in a product liability claim, the plaintiff and their personal injury attorney are required to show evidence supporting four key elements. They do not have to show fault, but without the items listed below, the case cannot proceed regarding a defective product. The elements of strict liability are:
- The product manufacturers were in control of the product’s design and production: The plaintiff must show that the faulty item was designed and made by the manufacturer(s) named in the lawsuit. In instances where the product was altered or affected by wholesalers, distributors, or retailers, they can be held liable for the dispersal of a knowingly defective product.
- The product defect existed when the consumer purchased the item: Using receipts, photos, and other evidence, the plaintiff must establish that the product had a design, manufacturing, or marketing defect at the time of purchase. If the manufacturer can show the plaintiff altered the product or failed to use it in the intended manner, resulting in injury, it can weaken the plaintiff’s case.
- The product defect directly caused or contributed to the injury: The plaintiff should provide evidence of how the defect was the direct or proximate cause of their injuries and property damage. For example, if an electric car charging unit catches fire, the victim may not be harmed directly by the unit but could be hurt in other ways if the house burns down.
- The victim’s injuries were foreseeable due to the product defect: The plaintiff’s attorney must show how the product’s design, manufacturing process, or inaccurate labeling could be reasonably expected to cause harm to consumers who used the item properly. Product manufacturers must anticipate misuse by consumers and take every action possible to mitigate injury.
Sometimes, a victim can file a lawsuit over a defective product when the manufacturer breaches the product’s warranty. If they have a stated warranty, they must legally abide by it, but even if they do not offer one, they still owe consumers a duty to create and sell a safe product. Failing to adhere to this duty puts a company at risk of lawsuits from those harmed by their products.
Potential Damages From a Texas Product Liability Case <h3>
If you or your loved one is hurt by a defective product, you have the right to seek full compensation for all your expenses associated with the incident. You can work with your personal injury lawyer to identify all at-fault parties, collect evidence showing their negligence or strict liability, and calculate your claim’s value. An experienced attorney will help you consider losses you may have overlooked.
For example, you may choose to seek financial relief for:
- Medical costs and doctor bills
- Medications, both prescription and over-the-counter
- Surgery or therapy to regain your health and function
- Lost wages while you recover
- Disability, disfigurement, or scarring
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Property damage
Although the burden of proof for negligence is slightly reduced, the plaintiff must still present evidence showing how they used the product according to its labeling and intended purpose and how they were injured. Even with robust documentation, victims may find themselves negotiating for a settlement instead of going to trial. In instances where the victim suffered serious injuries, such as disfigurement or wrongful death, a tenacious and experienced attorney can advise them regarding whether to settle or continue to court for maximum compensation.
The Texas Statute of Limitations in Product Liability Claims Means You Must Act Quickly
In nearly every type of personal injury claim, including product liability cases, victims must file their lawsuit with the court in the appropriate jurisdiction within two years of the date of the injury. While there may be some exceptions to the Texas statute of limitations that could extend this timeframe, there are others that could mean you have only one year. It is wise to contact the Houston product liability lawyers at The Gibson Law Firm right away to ensure you do not miss the deadline.
While you may begin with an insurance claim against the at-fault parties who made the defective product, your lawyer may advise you to submit the paperwork for a lawsuit at the same time to prevent missing the filing window. If settlement negotiations bog down or the other side offers too little, your attorney is well-prepared to move directly to trial.
Contact the Product Liability Attorneys at The Gibson Law Firm Today
Understanding your legal options after you or a loved one has suffered harm due to a faulty product can be frustrating without experienced guidance. At The Gibson Law Firm, our defective product lawyers are ready to provide professional legal advice and assess the strength of your case. We believe in helping our clients secure fair compensation to support their physical and financial recovery in their product liability claims.
To find out how to proceed in holding at-fault parties accountable for your lost wages, medical expenses, and other damages, contact us to arrange a free case evaluation. Our Houston product liability lawyers are waiting to help you pursue the justice you deserve. Let us manage the legal details of your claim while you put your focus on getting better.