In Dallas, Texas, the possibility of filing a product liability lawsuit is a legal reality supported by the Texas Civil Practice and Remedies Code. Attorney Javier Perez and his expert team have represented numerous clients who have suffered harm due to defective products and understand the mechanisms the Texas legal system offers to seek justice and the compensation that affected individuals deserve.
Defective products can cause severe injuries, ranging from burns and cuts to more severe accidents. In 2023, according to the Recall Index report by Sedgwick Brand Protection, product-related injuries in the United States totaled more than 12 million, underscoring the importance of addressing these issues legally. Therefore, we will explore with you how you can pursue legal action if you have been affected by a defective product in Dallas.
What is product liability?
Product liability is an area of law that allows consumers harmed by dangerous or defective products to seek compensation for their damages. In Texas, this liability may fall on manufacturers, distributors, or sellers who have placed unsafe products on the market. The goal is to protect consumers and ensure that products meet adequate safety standards.
Types of defects that may create liability
There are three main categories of defects that may give rise to a product liability lawsuit in Texas. Correctly identifying the type of defect is crucial to building a solid claim. Below, we explain each in detail:
Manufacturing defects
This defect occurs when a product, although well-designed, presents a problem due to a mistake during its manufacturing or assembly process. It may involve an improperly installed component, low-quality materials used inappropriately, or failures in the quality control process. In this case, only some units of the product exhibit the problem, as the defect is not part of the overall design.
Design defects
A design defect means the product is inherently dangerous from its conception, even if it is manufactured as planned. In other words, the product is defective in all cases because its structure, shape, or functioning is intrinsically risky. The manufacturer could likely have prevented the harm with a safer alternative design, which may increase their legal liability in a product liability claim.
Failure to warn or inadequate instructions
This type of defect occurs when a product does not include clear warnings about potential risks or fails to provide adequate instructions for safe use. In Texas, the law requires manufacturers and sellers to warn consumers about non-obvious dangers associated with the intended use of the product. These claims are often based on the negligence or an omission that puts the user’s health at risk.
Who may be held liable in a product liability case?
In a product liability lawsuit in Texas, it is not enough to identify that the product caused harm; it is also necessary to determine who, within the distribution chain, may be legally responsible. State law allows multiple parties involved in the product’s commercialization to face liability depending on their level of participation and the type of defect that caused the harm.
- Manufacturers. They may be held liable if the product had a dangerous design, if the manufacturing process was defective, or if they failed to warn about product risks. This includes both large corporations and small local manufacturers. In some cases, the manufacturer of a specific component may also be sued, even if they did not produce the final product.
- Distributors and Wholesalers. If a defective product is mishandled or improperly stored by distributors or wholesalers, and this contributes to its dangerousness, the distributor or wholesaler may be included in the claim. Texas law allows them to be sued even if they did not modify the product, as long as they contributed to a dangerous item reaching the consumer.
- Retailers. If you purchase a defective product from a store in Dallas and are injured, you may file a lawsuit against that establishment, especially if the seller was aware of the problem and continued selling it. Liability may also arise if the retailer failed to provide instructions for use or relevant information about product risks.
- Importers and Foreign Marketers. In cases where the defective product was manufactured abroad, Texas law allows the claim to be filed against the company that introduced it into the U.S. market. This provision is especially important today, when many products sold in Dallas come from other countries.
What do you need to file a claim?
If you have suffered an injury or damage due to defective products in Dallas, it is essential to know what elements you must gather to file a well-supported claim. Texas law requires certain criteria to be met for your case to move forward in court, and having proper legal guidance from the beginning can make a significant difference.
Proof of the defect
The first requirement is to demonstrate that the product in question had a defect, whether related to manufacturing, design, or lack of warning. This may be done through photographs, technical analyses, expert reports, or even by preserving the product in the same condition in which it caused the harm. It is crucial not to modify or discard the object, as it will serve as key evidence in your case.
Causal relationship between the defect and the harm
You must prove that the product defect was the direct cause of your personal injuries or losses. Merely having used a defective product is not enough; there must be a clear and verifiable connection between the defect and the harm you suffered.
Reasonable use of the product
Another important element is demonstrating that you were using the product in an appropriate manner and as intended by the manufacturer. If the use was improper or intentionally risky, the defense could argue that there is no liability. Therefore, it is also helpful to preserve instructions, labels, and any communication from the manufacturer regarding product use.
Evidence of actual damages
For a product liability claim to be viable, actual damages must exist—physical, emotional, or economic. This may include medical bills, loss of income, pain and suffering, property damage, or future treatment expenses. The more complete the documentation, the greater the likelihood of obtaining fair compensation.
Legal deadline (Statute of Limitations)
In Texas, the deadline to file a product liability lawsuit is two years from the moment the harm occurred or was reasonably discovered. However, there are legal nuances that may modify this deadline, so it is essential to consult with a product liability attorney in Dallas, Texas, for guidance. Not allowing time to pass is key to preserving your rights.
What compensation can you obtain?
If your claim is successful, you may receive compensation for:
- Medical expenses. Treatment costs, rehabilitation, and medications.
- Loss of income. Lost wages due to the inability to work.
- Pain and suffering. Compensation for the emotional and physical impact of the injury.
- Punitive damages. In cases of gross negligence, they may be awarded to punish the responsible party and deter similar conduct.
The exact amount will depend on the specific circumstances of your case.
Your well-being after an incident involving defective products is Javier Perez’s priority
Suffering an injury due to a defective product can be a traumatic and confusing experience. Nuestro Campeón, Javier Perez, is prepared to provide you with the support and guidance you need during this difficult time, as well as to fight for the justice you deserve.
If you or a loved one has been affected by a defective product in Dallas, do not hesitate to contact us. We offer a free initial evaluation of your case, which will allow us to identify the best legal strategy. Allow us to help you seek justice and obtain the compensation you deserve. Call us today at 214-499-0667 or write to [email protected] to get in touch with Javier Perez, or complete the online form so we may follow up with you.