Texas recognizes manufacturing defects (the product departed from its intended design), design defects (the design itself is unreasonably dangerous and a safer alternative existed), and marketing defects (inadequate warnings or instructions).
Three Types of Product Defects
Under strict liability, a manufacturer can be responsible for a defective product that causes injury even without proof of carelessness, as long as the product was defective and unreasonably dangerous when it left their control.
Who Can Be Held Responsible
Manufacturers, distributors, and sometimes retailers can be defendants. Texas law gives non-manufacturing sellers certain protections, but they can still be liable in specific situations, such as when the manufacturer is insolvent or outside the court's reach.
These cases often require engineering and safety experts and a careful chain-of-custody for the product itself.
Preserve the Product
Do not discard the product that hurt you. It is the central piece of evidence. A free review can help you understand whether you have a viable product claim under Texas law.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Texas attorney.