What Is Product Liability?
Product liability is an area of personal injury law in which manufacturers, distributors, retailers, and other parties along the chain of a product’s production are held liable for the harm caused by dangerous products.
In a product liability case, there are three main categories of product defects:
Manufacturing Defects
This type of defect occurs during the manufacturing process. One or a small handful of products may be flawed, or a whole batch may be contaminated or produced incorrectly.
Design Defects
When a defective design causes the product to be inherently dangerous, the manufacturing process will always result in a faulty product. Product designers have a duty to anticipate all potential dangers so a design defect is not left unchanged.
Labeling and Advertising Defects
This category is sometimes referred to as “failure to warn.” In this type of product defect, one of the following issues may lead to user harm:
- A lack of warning labels about a product’s dangerous aspects and potential dangers
- False advertising of a product’s benefits or uses
- Inadequate information about the correct way to use a product
Compensation Available in Defective Product Cases
If you or a family member suffered an injury caused by an unreasonably dangerous product, a Houston product liability lawyer can determine what compensation you are eligible to receive.
Compensatory Damages After a Dangerous or Defective Product Accident
Compensatory damages compensate your losses. Your premises liability lawyer will calculate how your life was altered by your serious injury and assign a value to your personal injury claim. This will include economic and noneconomic damages.
Economic Damages
These are your tangible losses, such as:
- Medical expenses
- Lost wages
- Loss of future earning capacity
- Funeral and burial costs
Noneconomic Damages
These losses have non-specific amounts, but affect your life deeply. They include:
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of consortium or companionship
Punitive Damages After a Dangerous or Defective Product Accident
Compensatory damages seek to compensate victims, but punitive damages aim to punish wrongdoers. Although punitive damages are rare in personal injury cases, they may be applicable in some product liability cases.
Because this category of damages is meant to make an example of particularly egregious cases, they only apply when the defendant’s actions are especially wanton, willful, or grossly negligent.
Your Houston product liability attorney can advise you of your right to compensation after product liability injuries.
Justice for Wrongful Death Victims
The most serious injuries caused by defective or dangerous products can result in wrongful death. If your loved one lost their life because of a defective product, the wrongful death attorneys from Buckingham & Vega Law Firm can represent your family.
Our personal injury lawyers are practiced in all manner of lawsuits involving defective and unreasonably dangerous products. We can advocate for you and your family after tragedy.
How To Win a Dangerous Product Liability Claim in Texas
If you suffered injuries in Houston, TX, your product liability lawyer will need to be up-to-date on all state and federal laws that apply to your case.
Most personal injury cases rest on the concept of negligence. This involves proving the at-fault party violated a standard of care owed to you, and you suffered injury as a result. It can be extremely challenging to prove that a company’s negligence caused you to suffer damages.
There is another way product manufacturers can be held liable for your injuries. In Texas, product liability cases can be handled under the doctrine of strict liability. In this case, it is not necessary for injured consumers to prove that the manufacturing or distribution company acted negligently or with intent to harm.
What Is Strict Liability?
Strict liability is a legal concept meaning a party is responsible for their actions, whether or not they intended to cause harm. This concept is often applied in situations in which there are abnormally dangerous activities involved, such as keeping a wild animal. If a large animal breaks loose and kills a bystander, the owner is liable for the harm caused, even if it wasn’t intentional.
The same concept can apply to product liability law. In this situation, you and your product liability lawyers do not need to prove negligence. You only need to establish that a design, labeling, or manufacturing defect was a contributing factor to the injury or death.
Because large companies can be held accountable even when negligence isn’t a factor, this law encourages optimum product safety. A high level of accountability should make a manufacturer even more vigilant against any kind of defective product.
When a product with a defect still makes it into consumer hands, our personal injury lawyers strive to see the injured party receive justice.
Who Is Liable for Defective Consumer Products?
Your product liability lawyers can help you pursue compensation by taking legal action against a party along the chain of distribution. Any of these parties may be held liable:
- Manufacturing companies
- Wholesalers
- Distributors
- Retailers
Product liability claims are particularly complex when there are giant corporations and foreign companies involved. If a manufacturer is located overseas, your attorney will need to be well-versed in the international laws and regulations relevant to your product liability lawsuit.
What Are the Most Common Dangerous Products in a Product Liability Claim?
Almost any product can be defective if it causes harm to consumers. Some of the most common defective products in a Houston product liability claim are:
- Medical equipment
- Pharmaceutical drugs
- Children’s toys
- Construction equipment
- Power tools
- Cleaning supplies and household chemicals
- Pesticides
- Appliances
- Airbags and other vehicle safety equipment
- Recreation supplies
- Workplace safety equipment
If a dangerous or defective product caused you serious harm, a Houston product liability lawyer from Buckingham & Vega Law Firm is equipped with the legal resources you need. We are currently accepting new client consultations. Call today to speak with an attorney. Call us at (505) 388-0066 or fill out this form.
Time Limits for Filing Product Liability Claims in Texas
If a manufacturing defect left you with serious injuries, you have a limited amount of time to file a product liability claim against the manufacturer or other party. Under Texas law, you typically have two years from the date of injury, and no more than 15 years from the date of purchase.
There are exceptions to the Texas statute of limitations. Be sure to speak with an attorney as soon as possible after suffering injury.
Representing Victims of Defective Products in Houston and Beyond
Before we take your product liability case, we’ll begin by establishing a strong attorney-client relationship. You need to know that a Houston product liability lawyer from Buckingham & Vega is the right fit for you. We’re glad to be able to offer you a free consultation at our Houston, TX office.
Contact us today. Our fully bilingual staff can assist you, answer questions, and schedule your free consultation in English or Spanish. We look forward to helping you move forward toward recovery.
