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Product Liability

We use products every day to help us navigate through daily life. As consumers, we also trust product manufacturers to create merchandise that is genuine and safe to use. When a product injures someone because of a design defect it’s called product liability.

Products with manufacturing flaws can be incredibly dangerous. Some products with design issues can result in serious injuries such as motor vehicle parts, prescription drugs and medical equipment. According to the Insurance Information Institute (III), product liability was the most common type of claim filed in 2017.

If you or someone you know was injured because of a product, it’s crucial that you contact an experienced divorce attorney.

Attorney for Product Liability in Montgomery County, TX

The products we buy should benefit us, not harm us. If you have been injured because of a defective product, then contact the attorneys at Evans & Powell, PLLC. We can assess your case and injuries to see if you’re eligible for compensation.

The attorneys at Evans & Powell, PLLC have decades of experience in the legal field. We can help you recover through excellent legal service. Contact us now at (713) 622 - 2000 to schedule a free consultation. We practice law throughout the greater Montgomery County area including Splendora, Willis, Houston and Conroe.

Overview of Product Liability in Texas


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Examples of Product Liability

Defective or poorly-made products can lead to serious injury. In some cases, you may not even know the product harmed you. This is especially common for prescription drugs or faulty medical devices. Listed below are some examples of product liability.

  • Hospital beds with unsafe rail systems which can cause injury;
  • Defective medical equipment that produces false lab results;
  • Dangerous prescription drugs that exacerbate a medical condition;
  • Poorly-designed children’s toys that can cause injury;
  • Food that was improperly handed or contaminated;
  • Faulty automobile parts that can lead to serious car accidents; or
  • Badly designed pools that can lead to pool accidents.

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Product Liability Under Texas Law

You can recover from a product liability case on the grounds of negligence or strict liability. Negligence is when a person fails to exercise their duty of care. Product manufacturers have a duty to ensure that their items are designed correctly, function properly and are safe for the public. To receive a settlement, you must prove that the defendant didn’t exercise this duty of care and that resulted in your injury.

In a strict liability case, the defendant’s actions don’t matter. Instead, you are trying to prove:

  • The defendant sold a dangerous or defective product;
  • The defendant intended for the product to reach a consumer in a dangerous or defective state; and
  • You were injured and suffered hardship because of the product.

In either scenario you must prove the product was dangerous and resulted in your injury. If you’re able to prove this, the court will grant you compensation for your injuries.


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Types of Defects in Product Liability

Product liability claims are classified based on the defect. Each type of claim has unique elements that you must prove to obtain a monetary settlement. It may be a good idea to identify which type of defect your product had before you take any further legal action.

  • Manufacturing Defects – If there was an error in how the product was made, it’s called a manufacturing defect. This doesn’t mean that there is any flaw with the product’s original design. Products with manufacturing defects are rare.
    • Examples: A tire with an unsealed tread or an EpiPen that doesn’t inject.
  • Design Defects – Errors in the original product are called design defects. Products with design defects have problems with the way the product was made. There are no accidents or errors for design defects. Design defects exist because the manufacturer chooses a dangerous design over an alternative design that is much safer.
    • Examples: A manufacturer sells hip implants that are known to corrode metal shards into the body rather than an alternative more reliable design.
  • Marketing Defect – When a manufacturer fails to provide adequate warnings or instructions on a product it’s called a marketing defect. A marketing defect is also known as a failure to warn case. Manufacturers are obligated to give correct warnings and instructions about their products. Any manufacturer that fails to warn their consumers may be held legally responsible.
    • Examples: Prescription drug manufacturers must warn their consumers about any possible side effects of drugs.

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Product Liability and Firearms

Product liability gets a little more complicated when firearms are involved. A firearm’s seller or manufacturer doesn’t hold the burden of proof. Instead, you as the plaintiff must prove that:

  • The design of the firearm or ammunition was defective and caused the product not to function properly; and
  • The faulty design of the firearm or ammunition caused serious injury or death.

If you’re able to prove these elements, the court will compensate you. It’s important to understand that you cannot prove the gun was dangerous. This is because all guns are technically dangerous when discharged. Instead, you must prove the design of the firearm or ammunition was the reason you’re injured.


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Damages in a Product Liability Case

If you’re successful with your claim, you may be awarded a monetary settlement. The settlement serves as payment for any losses you suffered because of your injury. Personal injury law calls this damages. You can be compensated for tangible damages such as medical bills, and intangible damages such as pain and suffering.

The following are some common damages in personal injury law.

  • Medical costs;
  • Auto vehicle repairs;
  • Lost wages;
  • Therapy or counseling costs;
  • Rehabilitation costs;
  • Pain and suffering;
  • Loss of enjoyment for life; and
  • Loss of consortium.

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Additional Resources

Product Injury Statistics – Visit the official website for the United States Consumer Product Safety Commission (CPSC) to find more information about product-related injuries. Access the site to learn statistics of injuries from amusement ride defects, faulty fireworks, unstable furniture and other products.

Texas Product Liability Laws – Visit the official website for Texas Legislation to find more information about the product liability statute. Access the statutes to learn more about the manufacturer’s duty of care, how non-manufacturers can be liable and how firearms are treated under product liability.


Lawyer for Product Liability in Conroe, Texas

If you or someone you know has been injured because of a defective product, contact the attorneys at Evans & Powell, PLLC today. We have represented numerous people with product-related injuries. Our attorneys have the knowledge, resources and drive to get you the settlement you want.

Don’t wait another second when it comes to your health. Contact the attorneys at Evans & Powell, PLLC now. We will examine your case to see if you’re eligible for a monetary settlement. You can call us at (713) 622 - 2000 to schedule a free consultation. We represent clients throughout the Conroe area including Willis, Conroe, Panorama, and Cut and Shoot.  


This article was last updated on August 13, 2019.

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