In Dallas, Texas, the option to file a lawsuit for defective product liability is a legal reality supported by the state’s Civil Practice and Remedies Code. Attorney Javier Perez and his expert team have represented numerous clients who have suffered harm due to defective products. They are familiar with the legal mechanisms in Texas to seek the justice and compensation that those affected deserve.
Defective products can cause serious injuries, from burns and cuts to major accidents. In 2023, according to the Sedgwick Brand Protection Recall Index report, product-related injuries in the United States totaled more than 12 million, underscoring the importance of addressing these issues legally. Therefore, we will guide you through how you can take 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 can 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 appropriate safety standards.
Types of Defects That Can Lead to Liability
There are three main categories of defects that can give rise to a product liability lawsuit in Texas. Correctly identifying the type of defect is crucial for building a strong case. Below, we explain each in detail:
- Manufacturing Defects: This defect occurs when a product, though well-designed, has a problem due to an error in its manufacturing or assembly. This could be a poorly installed part, the use of inappropriate low-quality materials, or a failure in quality control. In this case, the defect is not part of the overall design, so only some units of the product have the problem.
- Design Defects: A design defect means the product is inherently dangerous from its conception, even if it is manufactured as planned. This means the product is defective in all cases because its structure, form, or function is intrinsically risky. The manufacturer could have likely prevented the harm with a safer alternative design, which can increase their level of legal responsibility in a product liability lawsuit.
- Failure to Warn or Inadequate Instructions: This type of defect occurs when a product does not include clear warnings about potential risks or provides inadequate instructions for safe use. In Texas, the law requires manufacturers and sellers to alert consumers to non-obvious dangers associated with the intended use of the product. This type of claim is often based on negligence or an omission that puts the user’s health at risk.
Who Can Be Held Liable in a Defective Products 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, can be held legally responsible. State law allows multiple parties involved in the commercialization of the product to face liability, depending on their level of participation and the type of defect that caused the harm.
- Manufacturers: They can be held responsible if the product had a dangerous design, if the manufacturing process was defective, or if they failed to warn about the product’s risks. This includes both large corporations and small local manufacturers. In some cases, the manufacturer of a specific part can also be sued, even if they did not manufacture the final product.
- Distributors and Wholesalers: Distributors and wholesalers can be included in a lawsuit if they handle or store a defective product incorrectly and this contributes to its danger. 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 buy a defective product from a store in Dallas and get injured, you can file a lawsuit against that establishment, especially if the seller knew about the problem and continued to sell it. There can also be liability if the retailer failed to provide instructions for use or relevant information about the product’s risks.
- Foreign Importers and Marketers: In cases where the defective product was manufactured abroad, Texas law allows the lawsuit to be filed against the company that introduced it to 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 Lawsuit?
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 build a strong lawsuit. Texas law requires certain conditions to be met for your case to proceed in court, and having proper legal advice from the start can make a significant difference.
- Proof of the Defect: First, you must demonstrate that the product had a defect—whether in manufacturing, design, or due to a failure to warn. This can be done through photographs, technical analyses, expert reports, or by preserving the product as it was when it caused the harm. It is crucial not to modify or discard the item, as it will serve as key evidence in your case.
- Causal Link Between the Defect and the Harm: You must prove that the product’s defect was the direct cause of your personal injuries or losses. It is not enough to have used a product that turned out to be defective; there must be a clear and verifiable connection between that defect and the harm you suffered.
- Reasonable Use of the Product: Another important element is to demonstrate that you were using the product as it was appropriately and intentionally. If the use was incorrect or intentionally risky, the defense could argue that there is no liability. Therefore, it is also useful to keep instructions, labels, and any communication from the manufacturer about the product’s use.
- Evidence of Actual Damages: For a product liability lawsuit to be viable, there must be actual damages: physical, emotional, or financial. This can include medical bills, lost income, pain and suffering, property damage, or future treatment costs. The more complete the documentation, the greater the possibility of obtaining fair compensation.
- Statute of Limitations: In Texas, the deadline to file a product liability lawsuit is two years from the time the harm occurred or was reasonably discovered. However, there are legal nuances that can modify this period, so it is essential to consult with a defective product lawyer in Dallas, Texas, for advice. Acting promptly is key to preserving your rights.
What Kind of Compensation Can You Get?
If your lawsuit is successful, you could receive compensation for:
- Medical expenses, which include the costs of treatment, rehabilitation, and medications.
- Lost income, covering wages lost due to your inability to work.
- Pain and suffering, for the emotional and physical impact of the injury.
- Punitive damages, which can be awarded in cases of gross negligence to punish the responsible party and deter similar behavior.
The exact amount will depend on the specific circumstances of your case.
Your Well-being After a Defective Product Incident is Javier Perez’s Priority
Suffering an injury due to a defective product can be a traumatic and confusing experience. Our Champion, 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 determine the best legal strategy. Let us help you seek justice and obtain the compensation you deserve. Call 214-499-0667 or email [email protected] today to get in touch with Javier Perez. Alternatively, you can fill out the online form for a follow-up.
*The information contained on this page does not, and is not intended to, create an attorney-client relationship. The results mentioned are unique to each case and do not guarantee similar outcomes in other cases.