Injuries on someone else’s property can change everything. One moment you're shopping, visiting a friend, or walking through a parking lot, then suddenly you're hurt. You might be dealing with pain, missed work, medical bills, and ongoing uncertainty. If someone you love lost their life in one of these incidents, the grief can be overwhelming. When someone’s carelessness causes that kind of harm, holding them accountable matters.
Property owners in Texas must take reasonable steps to keep their land, buildings, and common areas safe. That means fixing hazards, warning guests, and not ignoring issues that could hurt someone. When they fail to do that, legal action helps injured people recover the maximum compensation available.
A Texas premises liability lawyer at Cowen | Rodriguez | Peacock can help you pursue that outcome. Our legal team handles these cases with the attention they deserve. If you or someone close to you was hurt on dangerous property, reach out today for a free 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 in Texas?
Product liability law allows people harmed by unsafe products to seek justice through the civil court system. Texas law outlines how these claims work, who can bring them, and what kinds of issues they cover.
Definition of Product Liability
Product liability means that a company can be legally responsible when a product they design, manufacture, or sell causes harm to a user. These cases don't always require proof that the company meant to do harm. Even without intent, a business may still be responsible if their product was defective and that defect led to injury.
Texas Product Liability Act Overview
The Texas Product Liability Act governs how these cases are handled across the state. It includes rules about who may be held responsible and under what circumstances. The law allows for different types of claims, including strict liability, negligence, and breach of warranty. Under strict liability, an injured person doesn’t have to prove that the company was careless, only that the product was unsafe and caused harm.
Types of Product Defects Covered
Texas law breaks product defects into three categories:
- Design defects happen when the product’s blueprint is unsafe from the start.
- Manufacturing defects occur when something goes wrong while the product is being made.
- Marketing defects involve a failure to warn users of risks or give proper instructions.
Each type of defect can give rise to a different kind of claim.
Common Types of Product Liability Cases
Defective products show up in all kinds of settings. From everyday household items to advanced medical tools, a wide range of goods can carry risks if not built or sold safely.
Defective Medical Devices
Medical tools and implants are supposed to improve lives, not harm patients. But when devices like hip replacements, pacemakers, or surgical tools fail, the consequences can be severe. People may suffer new injuries, require more surgeries, or deal with lasting pain.
Dangerous Pharmaceuticals
Drugs that reach the market too soon, carry undisclosed side effects, or are improperly labeled can put users in danger. Even when a drug helps some people, it may still cause harm if not prescribed, tested, or warned about correctly.
Faulty Automotive Parts
Brakes that fail, airbags that don’t deploy, or tires that separate at highway speeds can all lead to deadly crashes. Auto manufacturers must make sure their parts perform as expected, especially under stress.
Hazardous Consumer Products
Everyday products, from power tools to kitchen appliances, can become dangerous if they overheat, break apart, or shock users. When companies rush products to market without enough testing, innocent people often get hurt.
Toxic Chemicals and Substances
Some items include harmful ingredients that cause long-term health issues. Lead-based products, asbestos-containing materials, and toxic cleaning supplies have all led to lawsuits based on long-term exposure.
Who Can Be Held Liable for Defective Products?
Product liability doesn’t stop with the company that made the item. Texas law allows injured parties to bring claims against any business in the product’s distribution chain.
Manufacturers
The manufacturer plays a key role in making sure the item is safe before it reaches users. That includes testing products, selecting safe materials, and building items according to design. If something goes wrong at this stage, the manufacturer often holds the most responsibility.
Distributors and Retailers
Even companies that simply sell or ship products can be held liable. If a retailer sells a product they should’ve known was defective, or a distributor allows unsafe items to be moved through their supply chain, they may be named in a lawsuit.
Component Part Manufacturers
Sometimes the issue lies with a single part of a product, like an electrical circuit in a toaster or a battery in a scooter. The maker of that component may be responsible if their part caused the problem.
Design Companies
In some cases, a product is made exactly as designed, but that design wasn’t safe to begin with. The company responsible for the design can be held accountable for creating something inherently dangerous.
How Do You Prove a Product Liability Case in Texas?
Product liability cases often involve technical information and require careful documentation. The type of defect affects how the case needs to be presented.
Design Defects
A design defect claim must show that the way the product was planned made it unreasonably dangerous. Texas law requires proof that there was a safer design available that could have reduced the risk without making the product unusable or too expensive.
Manufacturing Defects
Here, the focus is on how the item was made. Your attorney needs to show that the product differed from others like it due to an error during production. That mistake must have played a direct role in causing your injury.
Failure to Warn or Inadequate Instructions
If the company didn’t provide proper warnings about risks or left out key instructions for safe use, they may be liable. Warning labels need to be clear, visible, and placed in a way that informs the user of potential harm.
Breach of Warranty Claims
Some cases rely on broken promises. If a product didn’t perform as advertised or failed under normal use, and that failure caused harm, the injured person may be able to sue for breach of express or implied warranties.
Texas Product Liability Laws and Regulations
Texas law includes specific rules for when and how product liability claims must be filed. Missing deadlines or not meeting legal requirements can affect your ability to recover compensation.
Statute of Limitations
In most cases, you have two years from the date of injury to file a product liability claim in Texas. If the injury wasn’t discovered right away, the clock may start when it reasonably could have been found. However, waiting too long can limit your legal options.
Comparative Fault Rules
Texas follows a rule called proportionate responsibility. If you share some blame for the injury, the amount you can recover may be reduced. If you're found to be more than 50 percent responsible, you may not be able to recover anything at all.
Required Safety Standards
Many industries must meet safety rules set by state or federal agencies. Failing to meet those standards can help support a product liability claim and may serve as strong evidence that the product was unsafe.
What Compensation Can You Recover?
A product liability lawsuit allows you to pursue the maximum compensation available under Texas law for all losses tied to the defective product.
Medical Expenses
This includes hospital bills, surgeries, medications, rehab, and any future medical care you might need as a result of your injuries.
Lost Wages and Future Earnings
If your injuries kept you from working or will prevent you from returning to your old job, you can seek repayment for that lost income.
Pain and Suffering
Texas law lets injured individuals pursue compensation for physical pain, mental distress, reduced quality of life, and other personal impacts.
Punitive Damages (When Available)
In some cases, courts allow additional damages to punish the company for especially dangerous conduct. These are called punitive damages and are only awarded when the behavior was particularly reckless.
How Our Attorneys Can Help
At Cowen | Rodriguez | Peacock, we help people take on companies that caused harm through unsafe products. We guide clients through the entire process, from initial investigation to possible trial.
Thorough Case Investigation
We start by reviewing the incident, gathering facts, securing medical records, and examining the product in question. Our team works quickly to preserve evidence that may disappear over time.
Expert Witness Coordination
When needed, we bring in engineers, doctors, or safety experts to explain how the product caused harm and how the company could have prevented it.
Negotiation with Insurance Companies
Insurance companies often try to reduce payouts or deny claims altogether. We handle direct communication with them so that you don’t have to deal with their tactics alone.
Litigation and Trial Representation
If the company or their insurer won’t agree to a fair resolution, we prepare to present your case in court. We’ve taken on large corporations before and won real results for injured Texans.
Why Choose Our Firm
Cowen | Rodriguez | Peacock has been standing up for injured Texans for years. We understand how defective products affect everyday people, and we know how to pursue justice in courtrooms across Texas.
Extensive Product Liability Experience
Our attorneys have worked on a wide range of product-related injury cases. We know what to look for and how to build a strong case from day one.
Proven Track Record of Success
Our firm has secured meaningful results for people harmed by dangerous products. We’ve held manufacturers, sellers, and designers accountable for the harm they caused.
Resources to Handle Complex Cases
We have the tools, staff, and legal knowledge to take on big corporations. That includes the ability to investigate, hire experts, and pursue cases through trial if needed.
Personalized Client Service
We keep you updated, answer your questions, and take the time to understand what matters most to you. Our clients aren’t case numbers; they’re people who deserve attention and respect.
No Upfront Costs
You don’t have to worry about legal bills while recovering. You pay nothing upfront. We cover case expenses upfront and only receive payment if we recover money on your behalf.
Frequently Asked Questions About Texas Product Liability
What if the company that made the product is out of business?
You can still file a claim even if the company is out of business. In many cases, insurance coverage, successor companies, or other liable parties in the supply chain may still be held responsible for your injuries.
Do I need to keep the defective product?
Yes, if you can. The product can serve as key evidence in your case. Don’t throw it away, repair it, or alter it without talking to your attorney first.
Can I still recover damages if I was partially at fault?
Possibly. Texas allows partial recovery as long as you're not mostly to blame. Your recovery may be reduced based on your share of fault.
What if the product was recalled after my injury?
A recall can help support your claim, but it’s not required. You can still file a lawsuit even if the recall came later or never happened.
How much does it cost to hire a product liability lawyer?
We work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we help you recover compensation.
Contact Our Product Liability Attorneys in Texas Now
If you were injured by a defective product or lost someone you love due to a dangerous item, call Cowen | Rodriguez | Peacock today at (210) 941-1301. These cases have time limits, and waiting too long could affect your right to recover.
Our team offers free, confidential consultations to help you learn your legal options and take the next step forward. You won’t owe us anything unless we recover money for you. Let us help you hold the responsible parties accountable and pursue the full recovery allowed by law.
Call us at (210) 941-1301 for a free consultation or contact us below. No cost to you unless we win.