Serious Personal Injury

Product Liability.

When a defective product causes injury, the maker and the sellers can be held responsible.

Some injuries are not caused by a careless person but by a dangerous product that never should have reached the person using it. When that happens, the company that made it, and often those that sold it, can be held to account.

Texas product liability law recognizes three kinds of defect. A manufacturing defect means the item came off the line different from its design and dangerous. A design defect means the design itself was unreasonably dangerous and a safer alternative was feasible. A marketing defect means the product lacked the warnings or instructions needed to use it safely. A claim can rest on strict liability, which focuses on the product rather than the maker's care, and on negligence.

These are document-and-expert cases. Proving a defect takes preserving the product exactly as it was, engineering analysis, the manufacturer's own design and testing records, and reports of similar failures. Preserving the physical product itself, unaltered, is often the single most important early step, because once it is repaired, discarded, or tampered with, the case can be lost.

Texas product liability actions are governed in large part by Chapter 82 of the Civil Practice and Remedies Code, and the two-year limitations period generally applies. Certain products are also subject to a statute of repose that can bar claims after a set number of years from sale, so the timeline should be checked early.
From The Night Docket

On cause and the paper trail:

Proximate Cause
Tying the defect to the injury it caused.
Deblading
Reading a product failure through the physical evidence and the records.
Spoliation
Why preserving the product itself can decide the case.
Common Questions
What makes a product defective under Texas law?
Texas recognizes three kinds of defect: a manufacturing defect (the item was made wrong), a design defect (the design itself was unreasonably dangerous with a safer feasible alternative), and a marketing defect (missing warnings or instructions). A claim can rest on strict liability or negligence.
What should I do with the product that hurt me?
Keep it, and change nothing about it. Do not repair, discard, or take it apart. The unaltered product is often the most important evidence in the case, and preserving it early can be the difference between winning and losing.

Tell me what happened.

Free consultation. No fees unless we win. Speak with me directly, not a screener.

Contact Orlando Rodriguez

(713) 239-2300