Product Liability FAQs

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• Product Liability FAQs

Product Liability Lawsuit FAQs

If a defective product causes a catastrophic personal injury or wrongful death, the victim or victim’s family can seek compensation through a product liability lawsuit. In a Texas product liability lawsuit, the three types of claims consumers harmed by defective products can pursue include design defect, manufacturing defect, and marketing defect also called a warnings defect.

• What is a Products Liability Claim?
• Who Do I Sue if I am Injured by a Defective Product?
• What Are the Different Types of Defects?
• How Do I Establish Liability for a Defective Product?
• How Soon Do I Need to File My Claim?
• What Is My Products Liability Case Worth?
• Do I Need to Hire a Products Liability Lawyer?

What is a Products Liability Claim?

A product liability claim arises when a consumer is catastrophically injured or killed by a defective product. Manufacturers, retailers, distributors, and other parties in the chain of distribution can all be held legally responsible for failing to ensure the safety of the products they design, manufacture and sell in these cases. When a product fails due to a flaw in its design, manufacturing, or inadequate warnings, the responsible parties may be liable for damages caused by the defect.

In a product liability case, the consumer does not need to prove negligence. Instead, they must demonstrate that the product was defective and directly caused their injury. If you have been injured by a defective product, it's essential to consult with a product liability attorney who can help you understand your rights and guide you through the process of pursuing full and fair compensation for your injuries.

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Who Do I Sue if I am Injured by a Defective Product?

In a product liability claim, several parties within the chain of distribution may be held accountable for injuries caused by a defective product. This could involve manufacturers, suppliers, distributors, and retailers. While some parties may bear more responsibility than others, pursuing a claim against anyone involved with the product is the best way to maximize your chance of recovering all your damages.

Here are some examples of potentially responsible parties in a product liability case:

• Manufacturers: Manufacturers are typically the primary defendants in product liability cases. They are involved in the product's design, production, and distribution, and if a defect in this process causes harm to a consumer, the manufacturer can be held liable. This includes not only the company that directly produces the product but also any component part manufacturers involved in its assembly.

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• Suppliers/Distributors: Suppliers or distributors act as intermediaries between manufacturers and consumers. They can be held liable for defects or failures related to products they distribute if they are found to have contributed to the defect by altering the product's design in some way or failing to detect the defect before distributing the product.

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• Sellers: Sellers, including retailers, wholesalers, and online marketplaces, have a responsibility to ensure that the products they sell are safe for consumer use. If they knowingly sell a defective product, make false or misleading claims about a product, or fail to provide necessary warnings, they can be held accountable if the product causes harm to consumers.

In some cases, other parties, such as designers, engineers, or component manufacturers, may share liability when a defect arises from a flaw in a product or its specific components. This broad scope of liability ensures that any party who played a role in making, distributing, or selling a defective product is held accountable for injuries or damages caused by the defect.

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What Are the Different Types of Defects?

Product liability claims typically fall into three primary categories: design defects, manufacturing defects, and marketing defects.

Design Defects

Design defects occur when a flaw or inadequacy in a product's design makes it inherently unsafe for its intended use. This type of defect affects all products produced from the same design, meaning that any item manufactured based on that design can pose a serious risk to consumers.

Examples of design defects include:

• A car that has a braking system prone to failure
• A seat that is not designed strong enough to withstand a rear end collision
• A roof that crushes too easily during a rollover
• A household appliance with an electrical design flaw causing a fire
• Children's furniture that tips over easily

To establish that a product has a design defect, a claimant must demonstrate that safer alternatives were available at the time of production.

Manufacturing Defects

Manufacturing defects arise during the production or assembly process, impacting specific items rather than the entire product line. These errors in the manufacturing process often occur due to the use of substandard materials or inadequate quality control.

Some common examples include:

• Medications contaminated during production
• Processed food items containing foreign objects, such as glass
• A product with a weakened part due to an improper weld

In these cases, the original design may be sound, but an error in the manufacturing process renders the product unsafe.

Marketing Defects (Failure to Warn)

Marketing defects, also known as failure to warn, happen when a product lacks adequate warnings or instructions regarding its potential risks. Manufacturers and sellers are responsible for providing sufficient information about the dangers associated with their products.

Examples include:

• Prescription drugs lacking proper warning labels
• Machinery sold without instructions on safe operation
• Misleading claims in advertising or on product packaging

Failure to adequately inform consumers about potential hazards can result in significant injuries. If an injury occurs due to a defective product, understanding the nature of the defect is essential for successfully pursuing a product liability claim.

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How Do I Establish Liability for a Defective Product?

To establish liability in a product liability case, you must be able to demonstrate that the product had a defect and that the defect directly caused your injuries and other related costs. Simply using the product at the time of injury is not enough to file a product liability case. You must be able to show that the injury would not have occurred if the product had not been defective. Additionally, you will need to show that you were using the product as intended or in a reasonably foreseeable manner and demonstrate that actual harm or injury resulted from its use.

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How Soon Do I Need to File My Claim?

Texas Civil Practice and Remedies Code 16.003
In Texas, the legal time-frame for filing a product liability lawsuit is governed by both the statute of limitations (SOL) and the statute of repose. Generally, individuals have two years from the date of injury or discovery to file a defective product claim. When a minor is injured in an accident, the statute of limitations is paused until they turn 18. This means a minor has until their 20th birthday to file a claim for their injuries.

The statute of repose, also known as a "non-claim statute," establishes a specific time frame from the date a product is sold, within which an individual can file a product liability claim against a manufacturer or distributor. In Texas, this statute of repose typically lasts for 15 years. After this period, claims related to defects or injuries from that product are generally barred. However, if the manufacturer or seller explicitly warrants that the product's useful life extends beyond 15 years, the statute of repose may extend beyond that time frame.

To better understand how these deadlines may apply in your unique case, consult with an experienced personal injury attorney.

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What Is My Products Liability Case Worth?

Every case is unique, and there is no single formula that guarantees an exact value. Determining the value of your case will largely depend on several factors including the severity of your injuries, the nature of the product defect, and whether the product was used as intended.

Additional factors often considered when calculating the potential settlement value of a product liability claim are whether the injury you've suffered affects your ability to return to work and the pain and suffering you've experienced due to your injury. Cases involving life altering injuries, long-term medical treatment, or loss of earning potential typically result in higher settlement awards.

To estimate how much your product liability claim may be worth, your lawyer will consider the value of the economic and non-economic damages you may be entitled to.

Economic damages refer to the objective financial losses directly related to your injuries.

These include:

• Medical Expenses: The cost of current and future medical care related to the injury or illness caused by the product. This includes surgeries, hospital stays, physical therapy, medications, and rehabilitation.
• Lost Wages: Compensation for the time taken off work during recovery if the injury causes long-term or permanent disability. You may also seek damages for lost future earnings or diminished earning capacity.
• Property Damage: Although rare in product liability cases, property damage can apply if the defective product causes damage to personal property.
• Additional Costs: This may include hiring an in-home caretaker or modifying your home for accessibility.

Non-economic damages cover intangible losses that lack a direct monetary value but still significantly impact the victim's quality of life.

These damages include:

• Pain and suffering: Compensation for physical pain endured due to the injury. The extent of pain and suffering varies depending on the severity of the injury and its long-term impact on the victim’s life.
• Emotional distress: This includes anxiety, depression, and other emotional hardships caused by the trauma of the injury.
• Loss of enjoyment of life: If the injury prevents you from enjoying activities you once loved, such as sports or hobbies, you may be entitled to compensation.
• Physical impairment and disability: If the injury results in a physical impairment or disability, you may be eligible for compensation that reflects the impact on your daily life, mobility, and overall functionality.
• Disfigurement and scarring: You may be entitled to damages that compensate for the psychological and emotional effects of living with permanent disfigurement or scarring.
• Wrongful death damages: When a defective product leads to a wrongful death, surviving family members in Texas may file a wrongful death claim. Texas law allows certain eligible family members, such as a surviving spouse, children (including adoptive), and parents (including adoptive), to pursue a wrongful death claim.

This could include compensation for:

• Funeral and burial expenses
• Loss of income, benefits, and other financial support that the deceased would have provided
• Loss of companionship and emotional support
• Loss of household services, such as childcare, home maintenance, or other domestic responsibilities
• The emotional distress, grief, and mental anguish caused by the sudden loss
• Medical expenses for injuries caused by the defective product before the victim passed away

While economic and non-economic damages aim to compensate victims for the losses they've experienced due to a defective product, punitive damages are intended to punish defendants who have engaged in gross negligence, recklessness, or intentional misconduct and dissuade similar bad behavior in the future.

An experienced product liability lawyer can offer a more accurate assessment based on the specifics of your case. However, it's crucial to understand that no lawyer can guarantee a particular settlement or precisely predict what you can expect to receive for your injuries. Instead, your lawyer will ask a series of questions and provide insights drawn from similar cases to give you a clearer picture of how much you may receive.

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Do I Need to Hire a Products Liability Lawyer?

While hiring a product liability attorney isn't mandatory, it is highly advisable and can significantly enhance your chances of success compared to handling your case on your own. Product liability cases often involve complex issues and require the help of a skilled attorney who will conduct a comprehensive examination to identify all liable parties and the circumstances surrounding the incident.

In building your case, your lawyer will consult industry specialists, engineers, and accident reconstruction experts to evaluate whether the product was unreasonably dangerous. This expert testimony can be crucial in establishing liability and strengthening your case. Your lawyer will assist in gathering and organizing key pieces of evidence including medical records, expert testimonies, and documents related to the product's defect.

When you work with an experienced personal injury attorney, you gain access to a strong advocate who can ensure your rights are defended every step of the way. If you or a loved one has been injured due to a defective product, consider reaching out to one of our product liability lawyers at Miller Weisbrod Olesky.

Our team of dedicated attorneys has a proven track record of successfully handling product liability cases and are prepared to discuss how we can help you secure the compensation you deserve during your complimentary case review. Call us at 888-987-0005 or fill out our online request form to schedule an initial consultation with one of our attorneys today.

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