Defective Products in Texas: A Product Liability Attorney’s Guide to Your Rights and Financial Recovery

In Houston Personal Injury Attorney, Aaron Perry, by admin

If you or a loved one has been seriously injured by a faulty tool, a defective medical device, or a dangerous consumer product, you are likely facing mounting medical bills, lost income, and overwhelming uncertainty.

In Texas, manufacturers and sellers have a legal obligation to ensure the products they place on the market are safe. When they fail, resulting in harm, you have the right to seek justice. Here is what every injured Texan needs to know about seeking compensation with a skilled product liability attorney Texas.

The Foundation of Your Claim: Strict Liability in Texas

Unlike many personal injury cases that require proving the manufacturer was negligent (careless), most product liability claims in Texas can be based on the legal theory of Strict Liability.

This is a powerful concept for consumers: it means the manufacturer can be held responsible for your injuries simply by proving the product was defective and unreasonably dangerous—regardless of whether they were negligent or tried their “best” to make it safe.

To succeed in a product liability case, you generally must prove the product was defective in one of three ways:

1. Design Defects

The product is inherently dangerous due to a flaw in its original plans or specifications, affecting every unit. (Example: A vehicle model that is unreasonably prone to rollovers.)

2. Manufacturing Defects

An error occurred while the product was being built or assembled, making a specific batch or unit dangerous, even though the design was safe. (Example: A single batch of medication contaminated during the packaging process.)

3. Marketing Defects (Failure to Warn)

The manufacturer or seller failed to provide adequate warnings, instructions, or labels to inform the consumer of non-obvious dangers associated with the product’s intended or foreseeable use. (Example: A cleaning product sold without warnings about toxic fumes.)

The Financial Recovery: What an Attorney Fights For

After an injury, the primary goal of a product liability lawyer is to secure full compensation that covers every way the injury has impacted your life.

In Texas, recoverable damages typically include:

  • Past and Future Medical Expenses: Covering all hospital bills, surgeries, therapy, and anticipated long-term care.
  • Lost Wages and Earning Capacity: Compensation for income lost while recovering and any reduction in your future ability to earn a living.
  • Pain and Suffering: Compensation for the physical discomfort and emotional distress caused by the injury.
  • Mental Anguish: Recovery for the severe mental or emotional harm resulting from the injury or incident.

A seasoned product liability attorney Texas understands how to work with experts to accurately project the full, lifelong cost of your injury, ensuring you are not left paying for someone else’s mistake decades down the line.

🛑 Urgency is Key: The Texas Statute of Limitations

If you have been injured by a defective product, time is critically important. Texas law imposes strict deadlines on when you can file a claim.

  • The Deadline: You generally have two years from the date of the injury to file a product liability lawsuit.
  • The Discovery Rule: In some cases, if the injury or illness (like a disease caused by a defective medical implant) was not immediately discoverable, the two-year clock may start running on the date you discovered the link between the product and your injury.

Missing this deadline—even by a day—can result in the permanent loss of your right to seek compensation. Do not delay in speaking with an attorney.

📋 What to Do Right Now: Your Next Steps

The evidence from your product injury is fragile. The faster you act, the stronger your product liability case will be.

  1. Seek Medical Attention: Your health is paramount. Ensure all injuries are documented by a medical professional.
  2. Preserve the Product: Do not tamper with, dispose of, or repair the product. Preserve the product, its packaging, and any receipts or instructions. This item is the central piece of evidence in your case.
  3. Gather Records: Collect all medical bills, insurance statements, and communication related to the product.
  4. Contact a Product Liability Lawyer: Speak with an attorney who is fluent in the specific statutes and case law governing product liability in Texas.

The process of taking on large manufacturers is complex and demanding, but the law is designed to protect consumers. Let us put the weight of the law on your side.

Contact Aaron Perry Law Firm Today for a Free, Confidential Case Review.