Product Liability

Injuries caused by faulty or dangerous products can lead to substantial physical harm, emotional distress, and financial hardship.

Texas law provides protections for consumers harmed by defective products. Whether it’s a malfunctioning piece of machinery, a defective automobile part, or a harmful pharmaceutical, the consequences of product defects are real, and consumers have legal recourse to seek compensation for their injuries.

Product liability law in Texas holds manufacturers, distributors, and sellers accountable for putting dangerous products into the hands of consumers. This area of law covers issues related to defective products, including design defects, manufacturing defects, and failure to warn consumers of potential hazards. 

At Pakis, Giotes, Burleson & Deaconson, P.C., we understand the significant impact that product defects can have on your life. Our highly skilled dispute and litigation attorneys will fight aggressively for your rights and seek a favorable resolution for you and your family.

As one of the oldest law firms in Waco, Texas, our attorneys have served the community with honesty and consistency for over 55 years.

Our firm offers comprehensive legal services spanning many areas, including tax and estate planning, business formation and transactions, litigation in all court systems, intellectual property, real estate, employment law, bankruptcy, municipal law, mediation, elder law, and more.

Call us if you're considering filing a product liability claim in Waco, Texas, or surrounding areas.

What Is Product Liability?

Product liability refers to the legal responsibility of manufacturers, sellers, and distributors for injuries caused by defective products. 

When a product is defectively designed, manufactured, or lacks appropriate warnings about potential risks, the company or parties involved in the production and sale of that product may be liable for any harm it causes.

In Texas, product liability cases typically involve claims based on strict liability, negligence, or breach of warranty. Strict liability, in particular, means that the injured party does not have to prove negligence or intent to cause harm. 

If a defect in the product can be proven, the injured party can hold the responsible party accountable, even if the company did not intend for the product to be dangerous. For consumers injured by a defective product, understanding product liability law is critical for determining whether they have a case and how they can pursue compensation. 

At Pakis, Giotes, Burleson & Deaconson, P.C., we work closely with our clients to understand their case and guide them through the process of holding negligent parties accountable.

Types of Product Defects

There are three primary types of product defects that may lead to a product liability claim in Texas. These defects can cause significant harm to consumers, and manufacturers are expected to take steps to minimize the risk of injury through careful design, production, and testing.

1. Design Defects

A design defect occurs when a product is inherently dangerous due to its design. Even if the product is manufactured according to the design specifications, the flaw lies in the way it was conceived. 

For example, a car with a design that makes it prone to rollovers in certain situations would be considered to have a design defect. In these cases, the flaw lies in the overall design of the product, and consumers may be at risk regardless of the manufacturer’s best efforts during production.

Under Texas law, if a product has a design defect, the manufacturer can be strictly liable for any injuries caused. The injured party does not need to prove that the manufacturer acted negligently, only that the product was defectively designed and caused harm.

2. Manufacturing Defects

A manufacturing defect occurs during the production process, making the product deviate from its intended design and potentially creating a hazardous condition. Unlike design defects, which stem from flaws in the product's overall design, manufacturing defects arise when an individual product is improperly made, posing risks that were not part of the original design.

For instance, if a batch of cars is made with faulty brake components, the defect would be considered a manufacturing flaw.

Manufacturing defects are often the result of mistakes, poor quality control, or the use of substandard materials. In Texas, when a consumer is injured by a product with a manufacturing defect, the manufacturer or other responsible parties can be held liable for the harm caused.

3. Failure to Warn

In some cases, a product may not necessarily be defectively designed or manufactured, but it may still pose a risk to consumers due to inadequate warnings. If a manufacturer fails to provide proper instructions or warnings about the potential risks of using the product, they may be held liable for injuries that occur as a result.

For example, if a pharmaceutical company sells a medication without warning about potential side effects, and a consumer is injured as a result, the company can be held responsible under product liability law. This type of defect is commonly known as a failure to warn or a marketing defect.

Product Liability Laws in Texas

In Texas, victims of defective products can pursue product liability claims based on strict liability, negligence, or breach of warranty. 

While negligence claims are based on the failure of the manufacturer or seller to meet a certain standard of care, strict liability holds them responsible for injuries caused by a defective product, regardless of whether they were negligent.

Texas follows the principle of strict tort liability, which means that a manufacturer or seller can be held liable even if they were not negligent in their production or distribution of the product. 

If the product is defectively designed or manufactured and causes harm, the responsible parties are automatically liable. In these cases, the plaintiff doesn’t have to prove that the manufacturer or seller acted recklessly or carelessly.

In product liability cases, Texas law requires the injured party to prove that the product was defectively designed, manufactured, or marketed and that the defect was the direct cause of their injury. 

The injured party must also show that they were using the product in a manner that the manufacturer intended or could have reasonably anticipated.

Common Product Liability Cases

Product liability cases can arise from a wide range of products, including vehicles, medical devices, household appliances, and children’s toys.

While every case is unique, there are common types of product liability claims that we see frequently in our practice at Pakis, Giotes, Burleson & Deaconson, P.C.

Defective Vehicles

Defective vehicles, including cars, trucks, and motorcycles, are a major source of product liability cases in Texas. 

These cases can involve design defects, such as issues with the vehicle’s stability or safety features, or manufacturing defects, such as faulty airbags or brakes. If a defective vehicle causes an accident or injury, the manufacturer can be held responsible for any damages the victim suffers.

Medical Devices and Pharmaceuticals

Another area where product liability claims are common is in the use of medical devices and pharmaceuticals. When these products are defectively designed, manufactured, or marketed, they can cause severe harm to patients. 

Whether it’s a malfunctioning pacemaker, an unsafe surgical instrument, or a drug with unlisted side effects, the manufacturers of these products can be liable for the injuries they cause.

Defective Consumer Goods

Consumer products, such as kitchen appliances, electronics, and children’s toys, can also be the subject of product liability lawsuits. If a product poses a risk of injury due to a defect, the manufacturer or retailer may be liable for the harm caused to the consumer.

For example, if a kitchen appliance overheats and causes a fire, the manufacturer may be responsible for any damages.

Compensation for Product Liability Claims

If you have been injured by a defective product in Texas, you may be entitled to compensation for your injuries. In product liability cases, damages can include medical expenses, lost wages, pain and suffering, and property damage. 

In some cases, punitive damages may also be awarded to punish particularly egregious conduct by the defendant.

At Pakis, Giotes, Burleson & Deaconson, P.C., we help clients recover compensation for their injuries and hold manufacturers, distributors, and sellers accountable for their actions.