Consumers have the right to expect that the products they use are safe when used as intended. When dangerous or defective products cause injury or death, Texas law provides legal remedies through product liability claims. These claims can hold manufacturers, distributors, retailers, and other entities in the supply chain accountable.
If you or a loved one has suffered injuries due to a defective product, you should get high-powered legal representation from leading product liability and personal injury attorneys in Dallas.
Product Liability Laws in Dallas, TX
Texas product liability claims are primarily governed by the Texas Products Liability Act, found in Chapter 82 of the Texas Civil Practice and Remedies Code. The statute defines a product liability action as any claim brought against a manufacturer or seller for personal injury, death, or property damage allegedly caused by a defective product.
There are three recognized legal theories of liability in Texas product defect cases:
Design Defects
A design defect exists when the product is inherently unsafe due to a flaw in its intended design, even if it was manufactured properly. Texas law requires plaintiffs to prove not only that the product was unreasonably dangerous, but also that a safer alternative design was available and feasible at the time of manufacture.
Your Dallas injury attorneys must prove that:
- The product’s design posed a risk that outweighs its utility.
- The safer alternative would have reduced the risk of injury.
- The alternative design wouldn’t have substantially impaired the product’s function.
Manufacturing Defects
A manufacturing defect occurs when a product deviates from its intended design due to an error during production. These defects typically affect a small batch or a single unit rather than the entire product line.
Examples include:
- A vehicle with improperly installed airbags
- A batch of medication contaminated during packaging
- An electrical device assembled with substandard wiring
Marketing Defects (Failure to Warn)
A marketing defect arises when the product lacks adequate instructions or warnings about non-obvious risks. Even if a product is designed and manufactured correctly, failure to inform users of known dangers may result in liability.
To establish a marketing defect, your product liability attorneys in Dallas must prove:
- The manufacturer knew or should have known of the risk.
- The danger wasn’t obvious or widely known to ordinary users.
- The lack of a warning or instruction rendered the product unreasonably dangerous.
Strict Liability vs. Negligence in Defective Product Cases
Texas recognizes both strict liability and negligence in product defect claims.
Strict Liability
Under the strict liability doctrine, a plaintiff doesn’t need to prove that the manufacturer or seller was careless. They just need to show that the product was defective and caused harm. Strict liability generally applies to manufacturers.
Negligence
Negligence requires proof that the defendant failed to use reasonable care in designing, producing, or marketing the product. Both manufacturers and sellers may be held liable under the negligence doctrine.
Who Can Be Held Liable?
Several entities in the product’s chain of distribution may be held responsible, including:
- Manufacturers: Including both the original equipment manufacturers and those producing components
- Retailers and Distributors: If they knew of the defect or modified the product
- Importers: Particularly in cases involving foreign-made goods
- Private labelers: Businesses that sell products under their brand name
In some situations, even parties who didn’t manufacture the product can be held liable under the theory of apparent manufacturer doctrine, if they hold themselves out as the maker of the product.
Common Examples of Defective Products in Dallas
Product liability claims in Dallas may involve a wide array of consumer goods and industrial equipment, such as:
- Defective automobile parts (brakes, airbags, tires)
- Contaminated foods or supplements
- Dangerous medications or medical devices
- Faulty electronics causing fire or shock
- Unsafe children’s toys or furniture
- Construction or oilfield machinery failures
Each case is unique, and your Dallas liability law services team must investigate to determine which defect theory applies and how liability may be established.
Proving a Dallas Product Liability Claim
Successful product liability litigation may require:
- Preservation of the product for expert analysis
- Engineering or safety expert testimony
- Internal records from the manufacturer or distributor
- Compliance data from regulatory agencies like the FDA or CPSC
- Sales and marketing materials showing how the product was advertised
- Injury documentation, such as medical records and witness accounts
Texas Product Liability Legal Aid Is Here
If you have been injured by a defective or dangerous product, our experienced Dallas product liability attorneys at Amanda Demanda Injury Lawyers are prepared to investigate your claim, consult with industry experts, and fight to hold negligent manufacturers and sellers accountable.
Whether your case involves a defective consumer product, prescription drug, or industrial equipment, we will pursue maximum compensation on your behalf. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.
