Defective products often cause injury without warning, leaving victims to deal with the consequences. Proving a specific, careless error by a manufacturer presents a significant challenge when seeking accountability.
The principle of strict liability in Texas offers a powerful solution, shifting the legal focus from the company's behavior to the condition of the product. An experienced product liability lawyer uses this legal doctrine to build a case centered on the facts of your injury and the product's defects.
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Key Takeaways for Strict Liability in Texas
- Strict liability holds a manufacturer responsible for injuries from a defective product without you needing to prove the company was negligent, as long as the defect caused the injury.
- The legal focus is on the product's condition, specifically whether it was unreasonably dangerous, not on the manufacturer's actions or intentions.
- There are three primary types of product defects: design defects, manufacturing defects, and marketing (or warning) defects.
- Any party in the product's distribution chain, from the designer to the distributor, may bear responsibility.
- This legal principle is a powerful tool for consumers, designed to encourage companies to prioritize safety before products reach the market.
The Core of Strict Liability
When a person suffers an injury, many legal claims depend on showing that another party was negligent or careless. Proving negligence involves demonstrating that a company failed to act with reasonable care, which can become a challenging and complicated task.
You may need to investigate a company's internal design, testing, and quality control processes—information that is not readily available to the public and often requires a lawyer's assistance to access.
Product liability law in Texas, however, offers a more direct path for consumers injured by faulty products. Strict liability in Texas removes the burden of proving negligence.
Instead of focusing on how a company failed, the claim focuses on the product itself and the harm it caused.
What Makes a Product Unreasonably Dangerous?
An unreasonably dangerous product is a central component of any strict liability claim. A product earns this classification if it poses a danger beyond what an ordinary consumer would expect when using the item as intended.
The danger often stems from a hidden flaw or an uncommunicated risk, not from an obvious hazard. For example, a sharp knife has an obvious inherent danger, but a toaster that electrocutes a user due to faulty wiring presents an unreasonable danger.
Texas courts analyze several factors to determine if a product meets this standard. They may consider the utility of the product versus the gravity of the risk it presents.
A successful claim establishes that the product had a defect making it unreasonably dangerous, that this defect existed when it left the manufacturer's control, and that the defect was a direct cause of your injury.
No Negligence Required
The advantage of a strict liability claim is that no negligence by the company is required to prove your case. It doesn't matter if the company invested heavily in safety protocols or conducted extensive testing.
The simple fact that a defective and dangerous product entered the market and caused an injury can be enough to establish liability, and holding a manufacturer accountable is possible even when proving negligence would be difficult.
This principle exists for public policy reasons. It motivates manufacturers and sellers to go to great lengths to anticipate and eliminate potential hazards before their products reach homes in San Antonio neighborhoods, such as the Pearl District, and nearby communities like Alamo Heights.
The responsibility for ensuring a product's safety rests firmly with the entities that profit from its sale.
Types of Product Defects Recognized Under Texas Law
Product liability claims in Texas generally fall into three distinct categories of defects. A knowledgeable lawyer can analyze the specifics of your situation, from an appliance purchased at The Shops at La Cantera to a lawn care tool used at home, to identify the type of defect that applies.
Identifying the correct category is a foundational step in building a strong case.
Here are the three main types of defects:
- Design Defects: This type of defect exists when the product's inherent blueprint is flawed, making every single item produced from that design unsafe for its intended use.
- Manufacturing Defects: A manufacturing defect occurs when a product, despite being safely designed, becomes dangerous due to an error during the production or assembly process. This flaw makes the specific item you used different from all the others in the same product line, which were made correctly according to the safe design specifications.
- Marketing Defects: These defects, also known as "failure to warn," happen when a product lacks adequate instructions or warnings about potential non-obvious dangers.
Who Can Be Held Responsible in a Product Liability Case?
When a defective product causes an injury, liability doesn't always stop with the company whose name is on the box. Texas law recognizes that multiple parties are involved in getting a product from the drawing board to the consumer's hands.
More than one party may potentially be held accountable for the harm caused, depending on the facts. A lawyer's investigation aims to identify every party that played a role in the product's journey to create multiple avenues for pursuing the compensation you need to recover.
The Distribution Chain
The distribution chain includes every business that handled the product before it reached you. In Texas, you can pursue claims against manufacturers and sometimes against sellers, but many non-manufacturing sellers aren't liable unless specific legal exceptions apply.
A thorough investigation determines who fits into this chain.
Parties commonly involved include the following:
- Product Manufacturers: The company that designed, assembled, and produced the final product. They're frequently a primary target in product liability law claims.
- Component Part Manufacturers: If a specific part of a larger product was defective (like a faulty airbag in a car), the manufacturer of that individual component may also be liable.
- Wholesalers or Distributors: The intermediary companies that move products from manufacturers to retail stores may bear responsibility in certain situations.
- Retailers: The store that sold the product directly to the consumer can be held liable, but in Texas, many retailers aren't liable unless specific legal exceptions apply.
Non-Manufacturing Sellers
A common question arises about entities that sell products without creating them. Texas law is clear that a seller who is engaged in the business of distributing a product may be held responsible under strict liability only in certain situations.
In many cases, Texas law protects a seller who didn't manufacture the product unless specific legal exceptions apply. An attorney works to trace the product's path from its origin to the moment of purchase.
Whether the item was bought from a large retailer near North Star Mall or a local shop, the goal is to hold every responsible party accountable for the product's failure.
Common Defenses Companies May Raise
Even in a case involving strict liability in Texas, defendants will present arguments to counter the claim. Anticipating these defenses is a key part of preparing a solid legal strategy.
Companies and their insurance carriers often employ common arguments to shift blame or diminish their responsibility. A proactive legal approach involves building a case that withstands these challenges from the outset.
Common defenses include:
- Product Misuse: The defendant may argue that you used the product in a way that wasn't intended or foreseeable. Proving that you were using the product as any reasonable consumer would is an effective counter to this defense.
- Substantial Alteration: A company might claim that the product was modified after it left their control and that this change, not a defect, caused the injury. Preserving the product in its post-accident state helps refute this argument.
- Assumption of Risk: Defendants may argue you knew about the danger and used the product anyway. In Texas, that argument usually adds to your percentage of responsibility.
- Statute of Limitations: In Texas, you generally have two years from the date of the injury to file a product liability lawsuit. A defendant will argue for dismissal if you file after this deadline has passed.
Supporting Your Product Injury Claim
After an injury from a defective product, the steps you take can greatly influence the strength of a future legal claim. Your priority is always your health and well-being. Once you have received medical care, several actions can help preserve crucial evidence and document what happened.
These measures create a foundation for your attorney to build upon. Every piece of information helps tell the story of the product's failure and its impact on your life, including the full scope of recovering damages you may be entitled to pursue.
Preserving Evidence
The defective product itself is the single most important piece of evidence. Your attorney and their consultants will want to examine it to confirm the defect and how it led to your injury. Don't throw the product away, repair it, or modify it in any way.
What you can do to help your claim:
- Keep the Product: Store the product and any broken pieces in a safe place. Don't give it to anyone except your legal representative.
- Save All Packaging: The original box, instructions, and warnings can contain important information relevant to a marketing defect claim.
- Find Your Receipt: Proof of purchase helps establish when and where you acquired the item, which is vital for identifying all parties in the chain of distribution.
- Document Everything: Take clear photographs of the product, your injuries, and the location where the injury occurred as soon as possible.
Protecting the Value of Your Product Liability Claim
What you do and say after the incident matters. Stick to the facts when discussing the event with anyone. Avoid posting details about your injury or the product on social media, as statements made online can sometimes be taken out of context by the opposing side.
Follow all medical advice and attend all follow-up appointments; consistent medical records create a clear timeline of your injuries and recovery process. This documentation demonstrates the full extent of the harm you suffered.
Contact a Product Liability Lawyer
Facing a large corporation and its insurance company alone can be a daunting task. A defective product lawyer provides the guidance and resources necessary to pursue your claim effectively.
They handle the complex legal and procedural requirements, from investigating the product's failure to communicating with the manufacturer's legal team.
FAQ for Strict Liability in Texas
What if I Wasn't Using the Product Exactly as Instructed?
Your claim may still be valid even if you weren't using the product exactly as intended. The key consideration is often whether you were using the product in a reasonably foreseeable manner, even if it wasn't exactly as instructed.
A manufacturer's duty includes anticipating potential misuses and providing adequate warnings.
How Is a Strict Liability Claim Different From a Negligence Claim?
In a negligence claim, you must prove that the defendant acted carelessly and that their carelessness caused your injury. With a strict liability claim, your lawyer doesn't need to prove negligence. You only need to show that the product was defective, the defect made it unreasonably dangerous, and the defect caused your injury.
What Makes a Product Defective Under Texas Product Liability Law?
A product can be defective in one of three ways: a design defect (the entire product line is unsafe), a manufacturing defect (a mistake during production made a specific item unsafe), or a marketing defect (inadequate warnings or instructions).
An attorney can determine which type of defect applies to your case.
Do I Still Have a Case if I Don't Know Exactly What Caused the Product To Fail?
Yes, you may still have a valid case even if you're unsure why the product failed—proving why a product failed is often difficult for a consumer. The doctrine of strict liability in Texas was developed to avoid requiring proof of negligence, even when the exact failure mechanism is unclear.
Your attorney can work with product analysts to investigate the item and determine the nature of the defect.
Who Is Responsible for a Defective Product Injury?
More than one party may be responsible, depending on the facts. This can include the product's designer or manufacturer, and in some situations, distributors, wholesalers, and the retail store that sold it to you.
An investigation can identify every entity in the distribution chain that played a role in bringing the defective item to the market.
Connect With Our Team Today
The legal concept of strict liability in Texas gives consumers a powerful tool when pursuing justice against manufacturers of unsafe products. You don't have to carry the burden of proving a company's carelessness. The focus remains where it belongs: on the dangerous product and the harm it inflicted.
Cowen | Rodriguez | Peacock has the experience to handle these complex claims. Our team is ready to investigate your case and fight for the accountability you seek. Fill out our online form for a free consultation and learn more about your legal options.