As a consumer, you have the right to expect that the items you purchase are safe and effective when used in their intended fashion. When you’re injured due to a dangerous or defective product, you are entitled to compensation for your medical bills, lost wages, and pain and suffering. Our product liability attorneys can help!
About Product Liability
Product liability is an area of law in which manufacturers, designers, distributors, suppliers, retailers, and others who participate in making products available to the public are held accountable for the injuries those products cause. Every year, thousands of people of all ages are harmed by defective and dangerous products.
Some of the most common product liability claims include:
- Medical devices
- Prescription drugs
- Children’s toys
- Auto parts
- Home appliances
- Household chemicals
In most cases, Texas law gives you two years from the date of injury to file your product liability lawsuit. This is referred to as the statute of limitations.
Determining If You Have a Product Liability Claim
Product liability claims rely on the legal theories of negligence, strict liability, or breach of warranty. Title 4 of the Texas Civil Practice and Remedies Code §82 delineates the regulations and laws surrounding product liability and claims, as well as the duties and responsibilities of manufacturers and retailers. The code also details information regarding dangerous drugs and pharmaceutical injuries.
The three major types of product liability claims are the following:
- Design defects. Due to poor design, these products were already unsafe prior to the manufacturing stage of production. A design defect affects every unit that is created, making it a widespread concern.
- Manufacturing defects. There are occasions when a product is designed sufficiently, but improperly manufactured or built. Typically, a few products may be defectively manufactured, but there are some occasions where the problem is widespread.
- Marketing defects. If the product doesn’t offer proper instructions for use, maintenance requirements, or potential dangers, it is considered a marketing error due to mislabeling. Manufacturers who fail to provide adequate disclaimers, instructions, and warnings can be liable in a product liability lawsuit.
You do not have a product liability claim if you were deliberately using the product in a manner than was known or should reasonably have been known to be unsafe, unless the product itself was somehow designed, manufactured, or marketed incorrectly.
Damages in a Product Liability Claim
Product liability claims seek financial compensation for the harm you’ve suffered. Damages are generally grouped into two general categories: economic damages and non-economic damages. Economic damages are costs that can be easily verified, such as your medical expenses and lost wages. Non-economic damages are those with a value that is harder to describe in monetary terms, such as pain and suffering.
Punitive damages are less common in product liability cases but can be included when there is evidence of widespread misconduct—such as deliberately covering up a manufacturing defect that caused multiple consumers to be hurt. Punitive damages, sometimes referred to as exemplary damages, are solely intended to punish the defendant and deter future misbehavior.
Let Our Texas Product Liability Attorneys Protect Your Rights Now
At SJ Injury Attorneys, we know the damage defective products can cause. If you’ve been hurt by an unsafe product, in particular cancer related to talcum powder or Roundup weed killer, our product liability attorneys are prepared to conduct our own investigation, gather the necessary evidence, and fight for you in court. We believe the manufacturers, distributors, designers, suppliers, and retailers who bring dangerous products to the marketplace must be held accountable for their actions.
SJ Injury Attorneys serves clients throughout Texas, including those in Houston, Pasadena, Baytown, Clear Lake, Webster, Friendswood, Deer Park, LaPorte, Texas City, League City, Galveston, Pearland, Spring, Katy, Channelview, Jersey Village, and Missouri City. Contact us today to schedule a free, no-obligation initial consultation.