Product Liability Attorney Serving Houston, Texas

On average, insurance companies in the U.S. pay out nearly $1 billion in product liability claims. Many of these claims include injuries that occur as a result of failure to provide adequate warnings, dangerous product design, or manufacturer negligence. Victims are often left with life-altering injuries as well as damages such as medical bills, lost wages, and pain and suffering.

If you were injured as a result of a defective product, then contact The Fostel Law Firm. I can review your claim, build a case against the at-fault party, and pursue compensation based on your losses. Call today and get a free case assessment from a product liability lawyer in Houston, Texas.

Understanding Product Liability

According to Texas Civil Practice and Remedies Code 82.001, product liability is defined as “action against a manufacturer or seller to recover damages for personal injury, death, or property damage caused by a defective product.”

As the victim of a faulty product, you can take legal action based on strict liability, negligence, misrepresentation of the product, or breach of expressed or implied warranty. For example, an individual suffering from Mesothelioma, a tumor caused by the inhalation of asbestos fibers, may have a case against the manufacturer of the product which contains asbestos.

The main types of product liability include:

1. Design Defect

A design defect occurs when there is an error or flaw in the product’s design. The defect makes the product dangerous to use. In a design defect case, the manufacturer is held liable for their decision to design, build, and distribute the product regardless of the defect.

2. Manufacturing Defects

A manufacturing defect case typically involves either a defect in a few items or a flaw on the manufacturing floor that affects the entire product line. The flaw has nothing to do with the product’s original design. Instead, the final product deviates from the original design.

3. Marketing Defects

In a product liability case, a marketing defect can cause an accident because the manufacturer or other entity failed to warn consumers of the potential risks involved in using the product. The labeling may have been ambiguous or non-existent. As a result, you were injured when you used the product.

Who is Responsible for Product Defects?

As your attorney, my job is to establish who is responsible for your injury. Possible negligent parties in a consumer injury case may include the:

• Manufacturer

• Retailer

• Distributor

• Product designer

• Transportation company/loading crew

Under Texas law, you have the right to file a strict liability claim for a defective product, which holds the manufacturer, retailer, or another party responsible for the accident. In these types of cases, the defendant must prove that they were not negligent and not responsible for the accident.

Filing a Claim

When taking on your case, I conduct a thorough investigation into how the accident happened and who is at fault. Using the available evidence, I must establish that:

1. The product was defective;

2. The product is what caused your injuries; and

3. You suffered damages as a result of the accident.

Evidence that may include product design blueprints, medical reports, photos/videos of the accident, expert testimony, eyewitness testimony, accident reports, or other documents from the manufacturer or other company.

Statute of Limitations in Texas

The statute of limitations for product liability cases in Texas is twofold. First, the statute of limitations for a personal injury claim is two years from the date of your injuries. However, the statute of repose gives you 15 years from the time the product was first sold.

For instance, if you purchased the product in 2000, and your injury was in 2017, you may no longer be eligible to file a claim. However, if you purchased the product in 2000, and you were injured in 2010, you would have until 2012 to file a personal injury claim.

Assessing Possible Damages

You may be entitled to claim economic and non-economic damages from the accident. Damages may include medical bills, lost wages, disability/dismemberment, pain and suffering, property damage, loss of consortium, or loss of enjoyment of life.

I can assess your damages and fight for the maximum compensation possible based on the full extent of your losses. Instead of allowing the insurance company to determine your case value, I can work with you to calculate what your case is actually worth.