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When a product injures someone using it the way it was meant to be used, the company that put it on the market answers for it.
Personal Injury
Texas product liability runs largely on strict liability: the question is whether the product was defective and unreasonably dangerous when it left the defendant's hands, not whether the company meant well. That is a meaningful difference from an ordinary negligence case, and it is why these claims are worth having evaluated even when the manufacturer insists it followed every industry practice.
The whole product line is dangerous as designed, and a safer alternative design was economically and technologically feasible.
This particular unit came off the line different from its own specification — a bad weld, contaminated batch or missing component.
The product needed a warning or adequate instructions and did not have them, including failure to warn about a risk discovered after the sale.
Medical treatment already received and the care still ahead. Lost wages and reduced earning capacity where the injury changes what you can do. Pain and suffering, emotional distress, and compensation for disability, disfigurement or permanent injury. Where a manufacturer knew about a danger and shipped the product anyway, punitive damages may also be available — the category that exists precisely for conduct that goes beyond ordinary negligence.
Do not return the item to the retailer, send it back to the manufacturer for inspection, or throw it away — and keep the packaging, the manual, the receipt and any recall notice. The physical product is the single most important piece of evidence in the case, and losing it is close to fatal. If it was destroyed in a fire, tell us anyway; the remains and the fire investigation still matter.
The ordinary two-year limitations period applies, and Texas also has a statute of repose that generally cuts off product claims fifteen years after the product was sold, with limited exceptions. An old machine still in service can be past the deadline even though the injury happened last week, which is another reason not to wait to have it looked at.
Injury cases are handled on a contingency fee: nothing to talk to us, nothing upfront, and the firm is paid out of the recovery. If there is no recovery there is no fee. The percentage and how case expenses are handled are in writing before you sign anything.
Generally no. Texas product liability largely asks whether the product was defective and unreasonably dangerous, not whether the company meant well.
A dangerous design, a manufacturing flaw in the particular unit you had, or a missing or inadequate warning or instruction.
Keep it. Do not return it to the seller, send it to the manufacturer, or throw it away, and keep the packaging, manual and receipt.
It is significant evidence and not automatic proof, and it usually helps establish that the risk was identifiable.
You can still have a claim. Liability follows the product through the chain of distribution rather than depending on who sold it to you.
Tell us exactly what was changed. Alteration only matters if it actually caused the failure, and manufacturers must anticipate foreseeable misuse.
The manufacturer, and depending on the circumstances the distributor or seller, and the makers of a defective component part.
Vehicles and vehicle components, industrial and construction equipment, power tools, appliances and battery devices, children's products, and medical devices.
It can. Texas has an outside deadline running from the sale of a product, with limited exceptions, so an old machine still in service needs to be looked at promptly.
They defend hard, which is why the evidence and the experts matter. It is also why the product itself must be preserved.
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