Texas Defective Products Lawyers
Texas consumers expect when they pay for a product or service that it will enrich their lives, not cause harm. When an injury or illness occurs from use of a dangerous or defective product you bought, you can experience physical and financial harm. Under Texas law, you may be able to pursue a product liability lawsuit for the harm caused by the dangerous or defective product. An experienced Texas defective products lawyer can help you recover in a product liability lawsuit.
Personal injury from product liability claims in Texas
Texas law requires manufacturers and retailers to exercise reasonable care in making consumer products. When you suffer injury from a product, your product liability lawyer will investigate your claim and determine which defective product claims may be available and best suited for your case. Under Texas law, you might have one or more claims including:
- Negligence
- Breach of warranty
- Misrepresentation
- Strict liability
These legal claims often require coordinating medical and product experts to prove your case and how the product caused your injuries. An experienced defective products lawyer will handle these issues and let you focus on your health and well-being.
Negligence in product liability cases
Your product liability case may include negligence claims. Under Texas law, a manufacturer has a duty to take reasonable care in the design and manufacture of products. When the manufacturer fails to exercise reasonable care and that causes your injuries, you may have a negligence claim to pursue. Most personal injury cases involve negligence but product defect lawsuits may involve other claims.
Breach of warranty in defective product claims
Your Texas defective products case may involve one or more breaches of warranty. The warranties involved in a product liability case are typically not the ones you buy for repair or replacement when you bought your product. Under Texas law, warranties arise based upon how the manufacturer or retailer markets the product.
When you buy a product, you should be able to count on the product safely performing its intended use when used as directed. If the manufacturer or retailer markets a product as having a purpose or feature, it should have that purpose or feature. If the product does not deliver, you may have a breach of warranty claim. If that breach of warranty caused bodily injury, you can pursue that breach of warranty as part of a product liability claim.
Misrepresentation claims in a product liability lawsuit
Similarly, if a retailer or manufacturer markets a product as having a certain degree of safety, the product needs to deliver on that marketing. When the product fails to meet its marketing promises and you suffer a personal injury, you may have a misrepresentation claim to pursue.
Strict liability product defect cases
Under Texas law, manufacturers, retailers and other businesses involved in the production and sales of consumer goods may be strictly liable for certain injuries caused by dangerous or defective products. The legal principle of strict liability for product defects means these businesses are financially responsible for injuries caused by a consumer using the product in the intended way or a reasonably foreseeable way.
Strict liability means the customer does not have to prove that the manufacturer or retailer was negligent in designing or manufacturing the product. This is different from many other personal injury claims your attorney might help you pursue, such as a car accident, or other product liability cases. In most Texas car accident claims, the injured person must prove that the at-fault driver drove with negligence. Under strict liability, you do not have to show the manufacturer or retailer knew or should have known of the danger when used intended or in a reasonably foreseeable manner.
What kind of defective product injuries can I pursue in Texas?
Often people think of a defective product claim occurring when a product fails and causes a single, immediate bodily injury. While these types of injuries form the basis of many Texas defective product claims, personal injury lawyers also pursue product liability cases when products cause injury or illness from long term exposure or repeated, less severe injuries. If you believe you may have suffered an injury due to a defective product, contact a Texas defective products lawyer. Your lawyer can investigate your claim and determine if there is a case to pursue.
Some examples of products that can cause injuries include:
- Medical devices
- Pharmaceutical products and medicine
- Cars and car parts
- Machinery, tools and power tools
- Cosmetics
- Chemicals used at home or work
- Furniture
- Children’s toys and clothing
- Adult clothing
- Firearms
- Food
You should contact defective products lawyers if you suspect a product caused your injury. Let your lawyer investigate and assess your case. Investigating and building a product liability case is not always an easy task. An experienced product liability lawyer knows how to perform these tasks, assemble the experts to present a strong case and fight for the justice you deserve.
What should I do if I think I have a defective product case?
The first thing you should do if you suffered an injury is seek immediate medical treatment. Your next steps is to contact experienced Texas defective products lawyers to discuss your case and get their help.
Do not talk to the company that made or sold the product. Do not talk to their insurance company about your injuries or what happened. In many cases these businesses and their insurance companies want to be the first ones to talk to you about your case. By talking to you first, they can try to get information that might help defend against your lawsuit. They may record the discussion, even without telling you, and try to get you to admit you did something wrong or that they did not do anything wrong. Those statements may severely hurt your case.
The insurance company may also offer to settle your case right away or promise to pay for all of your medical bills so you don’t hire a personal injury lawyer. They may want you to give them a statement so they can “complete their investigation” and give you an offer. The insurance company wants to settle your case as quickly as possible because then you won’t have the opportunity to find out the severity or long term effects of your injury, which are major components of the value of your case.
Schedule a consultation with a Texas defective products lawyer
If you believe you suffered a bodily injury from a product you bought, consult an experienced Texas defective products lawyer right away. Your lawyer can investigate your case and help fight for the money you deserve. Product liability cases are often complex and need a knowledgeable products liability lawyer to present a strong case on your behalf. The manufacturer, retailer and insurance companies will hire defense lawyers to attack your case. You need somebody on your side fighting for you.