Losing a loved one because of a dangerous or defective product turns a preventable tragedy into an open wound. Families left behind carry that loss every day while questions linger about how such a death could happen. In these cases, holding a manufacturer accountable after a wrongful death isn’t just about seeking answers, it’s about demanding responsibility.
When a product causes a fatal injury, the company that made or sold it may be legally responsible. Whether the issue was a flawed design, poor manufacturing, or missing warnings, the law allows families to take action. A wrongful death claim helps uncover what went wrong and puts pressure on those at fault to answer for it.
Texas law allows families to pursue compensation when a manufacturer’s conduct leads to someone’s death. While no amount of money can replace a loved one, a legal claim can help recover financial losses and offer a measure of justice.Families don’t have to do this alone. A wrongful death attorney can explain your options and guide you through the legal process. Most offer a free consultation to discuss the case and next steps.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.
Understanding Wrongful Death Claims Against Manufacturers
When a person dies because of a dangerous product, the law may treat the case as a wrongful death. These lawsuits allow surviving family members to recover damages from those responsible, including manufacturers, designers, or distributors.
What Constitutes a Wrongful Death Case
A wrongful death case comes about when someone dies due to another party’s carelessness, recklessness, or wrongdoing. In product cases, this often means a company released something dangerous into the market. Families must prove that the product caused the death and that the company had a legal duty to make it safe.
Under Texas law, the deceased person’s spouse, children, or parents may bring a wrongful death claim. If no eligible family member files within three months, the personal representative of the estate may step in unless the family objects.
When Manufacturers Can Be Held Liable
Manufacturers may be responsible if they:
- Released a product with a dangerous design
- Built a product incorrectly
- Failed to warn users about known dangers
These cases are typically handled under Texas product liability law, which places a legal responsibility on companies to ensure their products don’t pose unreasonable risks.
Types of Defective Products That Cause Fatal Injuries
Many different items have led to wrongful death lawsuits, including:
- Automobiles with faulty airbags or brakes
- Prescription drugs with undisclosed side effects
- Toys with choking hazards
- Power tools with faulty guards
- Household appliances that catch fire
Any product with a serious flaw that leads to death may be grounds for legal action.
What Are the Three Types of Product Defects?
When a company makes or sells something that turns out to be deadly, the law looks at what type of problem occurred. Defects fall into three main categories.
Design Defects
These happen when the blueprint or concept behind the product is flawed. Even if it’s made exactly to plan, a design defect makes the item unsafe. For example, a high chair that tips easily or a car with a fuel tank that’s prone to exploding would fall under this category.
Manufacturing Defects
Sometimes, the design is safe, but something goes wrong during production. Maybe the wrong materials were used, a part was installed backwards, or safety features were skipped. These flaws don’t affect every product, just the ones made incorrectly.
Warning or Marketing Defects
Some products are dangerous even when used properly. In those cases, the company must provide clear warnings. If instructions are missing or misleading, or if risks are hidden, then the manufacturer can be held liable for harm.
Legal Theories for Manufacturer Liability
When building a case against a manufacturer, attorneys use several legal arguments to show how the company failed in its duty.
Product Liability Claims
Texas allows strict product liability claims. These don’t require proof that the manufacturer acted carelessly. The focus is on whether the product was defective and unreasonably dangerous. If so, the company may be responsible no matter how careful it claims to have been.
Negligence Claims
Negligence claims require proof that the company didn’t act with reasonable care. This could include skipping safety testing, failing to respond to complaints, or rushing a product to market. The law holds companies to a standard of reasonable care for the safety of those who use their products.
Breach of Warranty Claims
A warranty is a promise, either written or implied, about a product’s safety or performance. If the product doesn’t live up to that promise and someone dies as a result, the company may be liable for breach of warranty.
How Do You Prove a Manufacturer's Fault in Wrongful Death?
Proving a manufacturer’s role in a wrongful death means showing what went wrong and connecting that flaw directly to the loss.
Gathering Critical Evidence
Evidence may include the defective product itself, purchase receipts, accident reports, and medical records. Witness statements and photos from the scene can also help establish what happened.
Expert Witness Testimony
These cases often require technical insight. Engineers, doctors, and other professionals may explain how the defect occurred, why it caused harm, and how it could’ve been prevented. These voices carry weight in both negotiations and court.
Establishing Causation
To succeed, families must show that the defect directly led to the death. This involves connecting the product’s failure to the chain of events that followed. For instance, if a brake failure caused a crash, the claim must prove that the defective brakes, not another factor, led to the fatal outcome.
Demonstrating the Product's Unreasonable Danger
The law doesn’t hold companies accountable for every possible risk. Instead, the defect must make the product unreasonably dangerous. This means ordinary users wouldn’t expect that level of risk from using the product as intended.
Damages Available in Wrongful Death Product Liability Cases
Texas law allows families to seek various forms of compensation after a fatal product-related incident.
Economic Damages
Economic damages include the direct financial losses caused by the death. These damages can be measured and calculated using records and expert opinions.
Examples of economic damages include:
- Loss of income the deceased would have earned
- Loss of benefits, such as health insurance or retirement contributions
- Medical expenses from attempts to save the person’s life
- Funeral and burial costs
- Loss of household services, like child care or home maintenance
These damages aim to replace what the person would have provided to their family over time. In Texas, families can work with economists or financial experts to estimate the full scope of these losses.
Non-Economic Damages
Non-economic damages address the deeper personal impact of the loss. These aren’t tied to specific bills or financial records, but they still carry weight. Texas law allows families to seek these damages to reflect the loss of a relationship and the suffering that comes with it.
Examples of non-economic damages include:
- Loss of companionship and support
- Mental pain and suffering of surviving family members
- Loss of love, comfort, and guidance provided by the deceased
These losses affect a family in personal and lasting ways. Though harder to measure than economic damages, they are just as real and valid under Texas wrongful death law.
Punitive Damages in Egregious Cases
In certain cases, Texas law allows for punitive damages, also called exemplary damages. These aren’t based on the family's losses. Instead, they punish the manufacturer for especially harmful conduct and send a message that this behavior won’t be tolerated.
To receive punitive damages, the family must prove that the manufacturer acted with gross negligence or showed willful disregard for safety. For example, if a company knew a product was deadly and kept selling it anyway, a court might award punitive damages.
Texas sets legal limits on the amount of punitive damages, depending on the case’s facts and the other types of damages awarded. Still, these damages can be significant in cases involving serious wrongdoing.
What Are the Challenges in Wrongful Death Product Cases?
Holding a company responsible can take time and effort, especially when the manufacturer denies fault.
Statute of Limitations Issues
Texas law gives families two years from the date of death to file a wrongful death lawsuit. Missing that deadline can prevent recovery entirely. In some rare cases, the clock may pause, but courts rarely allow exceptions.
Complex Technical Evidence
Product liability cases often involve engineering reports, safety testing data, and technical language. That evidence must be broken down into clear arguments the jury can understand.
Well-Funded Corporate Defense Teams
Manufacturers often hire large legal teams to protect their interests. They may try to shift blame, dispute the cause of death, or claim the product wasn’t defective.
Multiple Potentially Liable Parties
Sometimes, more than one company played a role. The designer, manufacturer, distributor, or retailer may each share responsibility. Sorting that out requires a detailed look at how the product was created and brought to market.
How Our Attorneys Can Help
Working with the right law firm can make a difference when pursuing a wrongful death case tied to a defective product.
Thorough Case Investigation and Evidence Preservation
Our team gathers physical evidence, secures the product, reviews safety documents, and interviews witnesses. We don’t leave loose ends.
Working with Product Safety Experts
We partner with professionals who understand how products work—and how they fail. Their insights support your claim and help explain what went wrong.
Navigating Complex Legal Procedures
We handle the filings, court deadlines, and communications so you can focus on your family. Our attorneys know the rules and how to keep your case moving forward.
Negotiating with Insurance Companies and Manufacturers
When companies or their insurers try to limit payouts, we push back. We’re not quick to accept offers that fall short of what your family needs to move forward.
Trial Advocacy When Settlement Isn't Adequate
If the manufacturer refuses to act fairly, we take the case to court. Our firm prepares each case as if it might go to trial and argues forcefully for accountability.
Why Choose Our Firm for Your Wrongful Death Case?
At Cowen | Rodriguez | Peacock, we understand the stakes and commit fully to every case we take.
Proven Track Record in Product Liability Cases
We’ve held corporations responsible for the harm their products caused and helped families recover meaningful financial compensation.
Resources to Take on Large Corporations
Some firms hesitate to challenge powerful companies. We have the staffing, financial resources, and experience to go toe-to-toe with large legal teams.
Compassionate Support During Difficult Times
We stay in touch, answer your questions, and give honest updates. You're never just a case file to us. We treat you with respect and keep your needs front and center.
No Fee Unless We Recover Compensation
We don’t charge hourly fees, and you pay nothing up front. We only accept attorney fees if we recover money for you through a verdict or settlement.
Frequently Asked Questions About Defective Product Claims
What if the manufacturer of the defective product went out of business?
You may still have legal options. If the company has liability insurance, a claim can be made through that policy. In some cases, other parties involved in the product's design, distribution, or sale may also share responsibility. An attorney can help identify all possible sources of recovery.
Can I file a claim if the product was recalled after the accident?
Yes. A recall doesn’t erase liability. In fact, it may help show that the company knew the product was dangerous. A recall notice can support your claim.
What if my loved one was partially at fault for the accident?
Texas uses a modified comparative fault rule. If your loved one was less than 51 percent responsible, you may still recover damages, though the amount could be reduced.
How much does it cost to hire a wrongful death attorney?
Our firm works on a contingency basis. You don’t pay upfront, and we only collect a fee if we recover money on your behalf.
Contact Our Wrongful Death Attorneys Now
Time matters in wrongful death cases. Legal deadlines pass quickly, and evidence can disappear. Don’t wait to talk to someone who can help.
At Cowen | Rodriguez | Peacock, we offer a free case evaluation to walk through your options. You won’t be pressured into anything. We’re here to listen, explain your rights, and help you decide what’s next.
If a defective product caused your loved one’s death, let our attorneys handle the legal process so your family doesn’t carry this burden alone. We’re committed to seeking justice and the maximum compensation available under Texas law. Contact us today to schedule your free consultation.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.