According to Chapter 82 of the Texas Civil Practice and Remedies Code, an individual can bring an action for products liability against a manufacturer or seller of a product if they suffered personal injuries, death or property damages from the defective product.
A defective product is any product that does not work or function as it is supposed to due to a defective design, defective manufacturing or marketing defects.
If you have suffered a personal injury due to a product that was negligently made, it is essential to immediately contact an experienced Houston personal injury lawyer. You may be barred from filing a lawsuit against the negligent party for your injuries after the statute of limitations has run. A statute of limitations or SOL prevents an individual from filing a lawsuit for their damages after a specified time period has passed. According to section 16.003 of the Texas Civil Practice and Remedies Code, the statute of limitations for most personal injury claims is two years in Texas.
Houston Product Liability Lawyer
If you’ve suffered an injury or your property was damages because of defective item, the manufacturer, retailers and/or anyone else in selling the product may be liable for your damages. You could seek to recover hospital bills, lost wages, pain and suffering and more. A Houston products liability lawyer from Ben Bronston & Associates can assist you.
Ben Bronston & Associates represents clients throughout the Greater Houston area. Call (713) 225-5236 or 713-CALL-BEN today to schedule a consultation.Back to top
Houston Product Liability Information Center
- Product Liability Injuries in Houston
- Harris County Product Liability Claims
- Lawsuits in Texas for Product Liability
- Products Liability Resources
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Product Liability Injuries in Houston
Product liability injuries can arise from a number of situations. Some of the most common product liability injuries throughout Texas are:
- Severed Limbs
- Organ Injuries
- Traumatic Brain Injuries
- Spine Injuries
- Broken Bones
- Physical Disfigurement
- Nerve Damage
- Neck Injuries
- Back Injuries
Almost any product can cause injuries for the purpose of a product liability claim, including, but not limited to electronics, toys, prescription medications, dangerous chemicals, dangerous gases, defective vehicle parts, dangerous property, faulty medical devices, equipment, electronic beauty products, child care items, pharmaceutical drugs, and/or any common household products.
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Harris County Product Liability Claims
Some of the most common types of product liability claims in Texas are as follows:
- Defective Design – If the product was designed in a faulty, the manufacturer or designer of the product could be held liable for any damages the product cases. Additionally, the individual who designed the product may not have performed adequate testing of the design. Often, if the defective design was later discovered, the manufacturer or designer will issue a recall of the item. However, the manufacturer and/or designer will likely be responsible for any injuries.
- Defective Manufacturing – If a product was safely designed, but manufactured in an unsafe or negligent way, the manufacturer of the product may be held liable for any injuries the poorly manufactured product caused.
- Marketing Defects – If a product is provided with incorrect, insufficient, inaccurate, unclear or incomplete instructions, warning labels or descriptions, the manufacturer or retailer of the product may be liable for a defective product. A manufacturer, distributor or retailer of a product has a duty to provide instructions that an ordinary person can understand, in addition to providing any warning labels or caution label of the foreseeable dangers associated with the product.
Lawsuits in Texas for Product Liability
Product liability usually operates on a different theory than most lawsuits over personal injury matters. Most personal injury matters involve either an intentional wrongful act or negligence. Defective products, however, usually work on a theory called “strict liability.”
In strict liability, the defendant (or person being sued) is liable for injuries caused regardless of whether or not he or she caused the injury. For products liability, the plaintiff (or person suing) must show that the product was defective, and that the defect was the cause of his or her injuries.
A products liability claim can also be based on negligence, meaning that a duty of care was breached, or a breach of warranty of fitness. Under breach claims, the plaintiff must prove that the product is unfit for the purpose for which it is intended.Back to top
Products Liability Resources
- Consumer Reports: This publication was founded to inform readers of defective, unsafe or otherwise failed products. It regularly contains reviews of several products.
- Texas Attorney General, Consumer Protection Division: The AG’s Office files civil lawsuits against companies on behalf of consumers in the state under the Deceptive Trade Practices Act.
- TexPIRG Consumer Division: This statewide nonprofit advocates for consumers, including publishing an annual list of defective toys to avoid in the holiday season.
Finding the Best Attorney in the Houston Area for Defective Products
If you have suffered injuries due to a defective products, it is important that you act quickly to recover. A Houston products liability lawyer from Ben Bronston & Associates can fight for you. We will seek the compensation you deserve. Call us today at (713) 225-5236 or 713-CALL-BEN to schedule a consultation.Back to top