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Tenacious Texas Product Liability Attorneys

Product liability refers to legal claims against manufacturers, distributors or retailers for selling defective or dangerous products. Unlike general personal injury cases, product liability claims focus on whether a product is inherently unsafe. In Texas, companies are strictly liable for harm caused by defective products – meaning you do not have to prove negligence, just that the product was defective and caused injury.

Even so, challenging large corporations benefits from legal backup by a tenacious firm like Kastl Law, P.C.. Our track record of taking over 100 cases to verdict across Texas positions us to handle even the most challenging Dallas-Fort Worth metroplex product liability claims.

Different Types Of Product Liability Cases

Defective products fall into different defect categories:

Defective design: These flaws exist in the product’s blueprint, making the entire product line inherently dangerous. Examples include SUVs prone to rollovers, children’s toys with choking hazards and appliances with fire risks. Design defect cases require proving a safer alternative design existed and that the current design posed an unnecessary risk.
Manufacturing defects: These product flaws occur during its assembly or production, making an otherwise safe design hazardous. Examples include contaminated food, malfunctioning airbags, pharmaceutical batches with incorrect ingredients and toys with loose parts. Proof requires demonstrating the product was flawed when it left the factory and that the defect directly caused your injury.
Failure to warn: Some products have inherent risks that require clear label warnings and instructions. Manufacturers can be liable for injuries if they fail to provide adequate warnings. Examples include medications without proper side effect warnings, cleaning chemicals without safe handling instructions and electrical devices lacking shock hazard warnings. In 2023, Texas courts held Johnson & Johnson accountable for inadequate warnings about talcum powder’s cancer risks, leading to numerous settlements.
Pharmaceutical product liability: Defective drugs and medical devices can have devastating consequences. These cases often involve undisclosed harmful side effects, dangerous drug interactions due to improper formulation or incorrect dosages due to packaging errors. If a drug manufacturer knew or should have known about a danger and failed to warn the public, they could be held liable.
Automotive parts liability: Defective vehicle components can lead to catastrophic accidents. Common examples include brake failures, tire blowouts and malfunctioning steering components. If a defective part caused your accident, a product liability claim can be filed against the manufacturer.

Successfully navigating a product liability claim demands in-depth knowledge of consumer protection laws and an aggressive legal strategy like ours.

Texas Product Liability Laws

The Texas Civil Practice and Remedies Code sets these specific rules for product liability claims:

The statute of limitations is generally two years from the injury date
Strict liability applies to manufacturers and sellers
Modified comparative fault allows recovery if you are less than 51% responsible
Punitive damages may be available in cases of gross negligence

Let our experienced trial attorney evaluate your case before time runs out.

Texas Product Liability Claims FAQs

You need knowledge about the basics of product liability claims to navigate the legal process and successfully obtain appropriate compensation for your defective product injuries. Below are the common questions we encounter from our Texas clients.

What proof is needed for a product liability claim?

Successful product liability claims in Texas typically require several key pieces of evidence. First, you’ll need medical records documenting your injuries and linking them directly to the defective product. Additionally, you should preserve purchase records showing when and where you acquired the product, photographs of the defective item, and any documentation of your related expenses. Expert testimony from qualified professionals who can explain the specific defect and how it caused your injuries is also crucial for building a strong case.

What is the difference between a class action and an individual product liability lawsuit?

A class action lawsuit involves multiple plaintiffs who have suffered similar harm from the same defective product, allowing them to collectively pursue compensation against the manufacturer. Individual product liability lawsuits, on the other hand, focus on a single plaintiff’s specific injuries and damages. Our Texas product liability lawyers can help determine which approach best suits your situation, considering factors like the extent of your injuries, the number of affected consumers, and potential compensation amounts.

What if the manufacturer of the product is no longer in business?

Even if the original manufacturer has gone out of business, you may still have legal options for pursuing compensation. Claims can often be filed against other parties in the distribution chain, including wholesalers, distributors, retailers, or parent companies. Additionally, some manufacturers maintain liability insurance or assets that can be used to compensate injured consumers even after closing their business. Our attorneys can help identify all potentially liable parties in your case.

How does a product recall affect my ability to file a claim?

In Texas, a product recall can significantly impact your liability claim in several ways. The existence of a recall often strengthens your case by demonstrating the manufacturer’s awareness of the product defect. However, if you continued using the product after receiving a recall notice, it could affect your compensation. Our legal team can help evaluate how recall circumstances influence your specific case and develop strategies to maximize your potential recovery.

How do I know if my case qualifies as a product liability claim?

A potential product liability claim exists when a defective or dangerous product causes injury or property damage during normal, intended use. Common types of product defects include design flaws, manufacturing errors, and inadequate warning labels or instructions. Our experienced Texas product liability attorneys offer free consultations to evaluate your situation, examine the circumstances of your injury, and determine whether you have a valid claim worth pursuing.

20-Plus Years Of Courtroom Experience To Fight For Full Compensation

Call the Dallas office of Kastl Law, P.C. at 214-427-6043 or fill out our online contact form to arrange your free consultation. Our dedicated bilingual team can provide clear communication throughout your case.