Texas product liability law gives injured consumers the right to hold manufacturers, distributors, and sellers responsible when defective products cause harm. These laws apply whether someone gets injured by a flawed design, a manufacturing defect, or a product that didn't come with proper warnings.
In a city like San Antonio, where industrial facilities, medical centers, and major retailers supply a wide range of goods, the risk of injuries from faulty products touches many lives. From defective airbags in cars sold near Alamo Ranch to unsafe medical devices used at local hospitals near the South Texas Medical Center, these cases can lead to serious consequences.
Hiring a San Antonio product liability lawyer from Cowen | Rodriguez | Peacock can make a real difference in your case. Our team builds strong claims to hold manufacturers and sellers accountable and pursues the maximum compensation available under Texas law. If a dangerous product caused you harm or hurt someone in your family, reach out to us today for a free, confidential consultation.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.
What is Product Liability Law?
Product liability law allows injured people to take legal action when a product turns out to be unsafe. Companies that design, make, or sell products have a duty to protect consumers from harm. When they don’t meet that duty, the law provides a path for recovery.
Definition and Legal Framework
Product liability laws apply when a product used as intended causes injury. These laws don’t require proof that a company acted carelessly. Instead, Texas allows claims based on a legal theory called strict liability. This means you can hold a company accountable even without proving that they meant to cause harm.
Types of Product Defects Covered
There are three main types of product defects:
- Design defects happen when the product's blueprint is unsafe, even if made correctly.
- Manufacturing defects happen when something goes wrong during the making of the product.
- Marketing defects involve poor instructions or a lack of warnings about potential risks.
Each type of defect can create a strong basis for a claim.
Texas Product Liability Statutes
The Texas Civil Practice and Remedies Code governs product liability claims. These rules outline who can file a claim, what evidence is needed, and how long someone has to take legal action. In general, a product liability lawsuit must prove that the item was defective, that the defect caused harm, and that the product was used as intended or in a reasonably expected way.
Common Types of Product Liability Cases in San Antonio
People across San Antonio buy, use, and rely on all sorts of products daily. When one of those products fails, the impact can be life-changing. Some product types lead to more injuries than others.
Defective Medical Devices
San Antonio hospitals and clinics serve thousands of patients each year. If a pacemaker, hip implant, surgical mesh, or catheter fails due to a defect, the outcome can be severe. Many people in the Stone Oak area receive care at large medical facilities, where device malfunctions have led to product liability claims.
Dangerous Pharmaceuticals
Prescription drugs and over-the-counter medications may carry hidden dangers. If drug companies fail to test properly or hide known risks, people who rely on their products can suffer. The retail pharmacies along Broadway in Alamo Heights have distributed products that were later recalled for safety issues.
Automotive Defects
Faulty airbags, ignition switches, brakes, and tires have caused serious crashes across Bexar County. A family commuting from Lackland AFB might not expect that their car’s steering system has a defect, but that type of failure can lead to serious injuries or worse.
Consumer Products and Appliances
Power tools, children’s toys, space heaters, kitchen appliances, and other household products sometimes fail in dangerous ways. In areas like Tobin Hill, older homes often rely on space-saving devices or compact appliances that could be poorly designed or made with unsafe parts.
Industrial Equipment Failures
People working at industrial sites in East San Antonio may rely on heavy machinery, forklifts, or protective gear. When this equipment fails, the consequences can include severe trauma. These cases often involve products built by out-of-state manufacturers but sold and used locally.
Who Can Be Held Liable for Defective Products?
When a defective product harms someone, responsibility may fall on more than one company. Each business involved in the supply chain might share liability.
Manufacturers and Designers
Product makers have a duty to build safe products and catch flaws before they leave the factory. If the design is unsafe from the start, or if the product is poorly assembled, the manufacturer can be held accountable.
Distributors and Wholesalers
These companies act as the middlemen between manufacturers and retailers. If a distributor moves products that are already defective, or if they store them in unsafe conditions, they can share responsibility for any harm caused.
Retailers and Sellers
Even though they don’t make products, stores and online sellers can still be held liable. If a seller knew a product was unsafe, failed to remove recalled goods, or made false claims, they may be added to a lawsuit.
Component Part Manufacturers
Sometimes one part of a product causes the failure. For example, if an airbag fails because of a faulty sensor made by a separate company, the maker of that sensor can be named in the lawsuit.
Proving Your Product Liability Case
Texas law requires clear proof that a defective product caused the injury. Building a strong case involves gathering the right evidence and showing exactly how the product failed.
Evidence Collection Requirements
Photos of the defective product, receipts, instruction manuals, and safety recalls can help prove your claim. Keeping the actual product, if possible, is often one of the most important steps. This evidence shows what went wrong and how it caused your injury.
Expert Testimony and Technical Analysis
Product liability cases often include input from engineers, scientists, or safety analysts. These professionals study how the product was made and explain why it was unsafe.
Documenting Injuries and Damages
Medical records, treatment plans, and wage loss statements help show how the injury affected your life. A journal or statement explaining how the injury changed your daily routine can also strengthen your case.
Establishing the Chain of Distribution
To hold companies accountable, you must prove the product passed through a chain of businesses, from the manufacturer to the seller, without major changes. That chain helps show who had a role in putting the defective item into your hands.
What Damages Can You Recover in a Product Liability Claim?
A defective product can change your life in an instant. The law gives you the right to pursue financial recovery for the losses you suffered.
Medical Expenses and Future Care Costs
You can recover the cost of hospital visits, surgeries, therapy, and ongoing medical needs. If future care will be needed, that can also be included in the claim.
Lost Wages and Earning Capacity
Injuries from defective products often keep people from working. You can seek compensation for time missed at work and for any long-term impact on your ability to earn a living.
Pain and Suffering Compensation
While no amount of money undoes the harm, Texas law allows financial recovery for the physical pain and mental stress caused by the injury.
Punitive Damages in Severe Cases
When a company acts with gross disregard for safety, the court may award additional damages meant to punish that behavior and prevent it from happening again.
Texas Product Liability Laws and Deadlines
Texas law sets strict rules about how and when to file a product liability claim. Missing a deadline can cost you the chance to recover anything.
Statute of Limitations
In most cases, you have two years from the date of the injury to file a lawsuit. Waiting too long means the court may dismiss your case, even if the product was clearly defective.
Comparative Negligence Rules
If the injured person shares some responsibility for what happened, Texas law still allows financial recovery as long as they weren’t more than 50 percent at fault. The amount recovered may be reduced based on that percentage.
Caps on Damages
Some product liability cases, like those involving medical devices or medications, fall under laws that limit non-economic damages. These caps don’t apply to all cases, but they can affect the amount recovered in certain claims.
Notice Requirements
Certain claims, like those involving government agencies or public hospitals, require advance notice before filing. Missing this step can block your claim entirely. A San Antonio attorney can help ensure this step isn’t missed.
How Our San Antonio Product Liability Attorneys Can Help
At Cowen | Rodriguez | Peacock, we take product liability cases seriously. Our team works to uncover what went wrong, who’s responsible, and how to hold them accountable.
Comprehensive Case Investigation
We thoroughly investigate how the product was made, distributed, and sold. Our goal is to identify the cause of the defect and find every liable party.
Working with Technical Experts
We regularly team up with engineers, safety experts, and medical professionals. Their input can help explain why the product was unsafe and how it caused your injuries.
Negotiating with Insurance Companies
Many companies try to settle quickly or deny fault entirely. We push back with strong evidence and demand the full financial recovery allowed under Texas law.
Litigation and Trial Representation
If the other side refuses to offer a fair amount, we don’t back down. We prepare every case like it’s going to trial. That preparation often leads to better results, even outside the courtroom.
No Fee Unless We Secure Compensation
You don’t pay anything unless we recover money on your behalf. Our payment comes from a portion of the settlement or court award, not out of your pocket.
Why Choose Our Firm for Your Product Liability Case
We’ve helped many clients in San Antonio hold powerful companies accountable for defective products. Our approach combines deep legal knowledge with personal care.
Decades of Experience in Product Liability Law
Our attorneys have spent years handling cases involving defective drugs, faulty equipment, and dangerous consumer goods. That background gives us the tools to build strong cases from the start.
Proven Track Record of Successful Settlements
We’ve recovered millions for injured clients, including those hurt by poorly made or unsafe products. Our results speak for themselves.
Local Knowledge of San Antonio Courts
We understand how cases move through the Bexar County court system. That local insight can help resolve cases faster and more effectively.
Personalized Attention to Each Client
We treat every case like it matters. You’ll never be just a case number. Our team gives each client the time and attention they deserve.
Resources to Take on Large Corporations
Big companies have legal teams. So do we. We have the knowledge, tools, and staff to take on even the largest opponents.
Frequently Asked Questions About Product Liability in Texas
What if the maker of the defective product is no longer in business?
You may still recover damages from the seller, distributor, or others in the supply chain. In some cases, insurance policies still apply.
Can I still recover damages if I misused the product?
Possibly. If the misuse was minor or foreseeable, the law may still allow recovery. The amount may be reduced based on your share of responsibility.
What if the product had a warning label?
Warnings don’t excuse a defective design or poor manufacturing. If the warning wasn’t clear, or if the product was still unreasonably dangerous, you may still have a case.
How much does it cost to hire a product liability lawyer?
Our firm works on a contingency fee basis. That means you don’t pay unless we recover money for you.
What should I do immediately after being injured by a defective product?
Keep the product if possible. Take photos of it and your injuries. Get medical care right away. Then contact a personal injury lawyer to begin building your claim.
Take Action Today - Contact Our Experienced Product Liability Attorneys
If a dangerous product caused you harm, take action now. These cases depend on strong evidence and tight deadlines. The sooner you get legal help, the better your chance of a successful outcome.
Cowen | Rodriguez | Peacock offers free consultations for people hurt by defective products. Call (210) 941-1301 to speak with someone from our team. Every consultation is private, and you’re under no obligation. Let us review your case and explain your legal options.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.