In Texas, product liability refers to the legal responsibility that manufacturers, distributors, suppliers, and retailers have for the products they make and sell to the public. It holds these parties liable for any harm or injuries caused by their products due to defects in design, manufacturing, or labeling.
If a product is found to be defective or dangerous, and causes harm or injury to a consumer, the manufacturer or other parties involved in the production and sale of the product may be held liable for damages. The consumer may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the defective product.
Types of Claims:
There are three types of product liability claims: design defects, manufacturing defects, and marketing defects.
- Design defects are flaws in the product’s original design that make it inherently dangerous or hazardous. For example, a ladder that is designed with insufficient support may collapse, causing serious injury to the user.
- Manufacturing defects occur when a product is different from its intended design due to an error during the manufacturing process. For example, a car that has a faulty brake system due to a manufacturing error may cause a serious accident.
- Marketing defects refer to inadequate warnings or instructions that lead to a product being used improperly or unsafely. For example, a medication that does not come with proper warnings about its potential side effects may cause harm to the user.
Proving a Product Liability Claim in Texas:
To prove a product liability claim in Texas, the plaintiff must establish that the product was defective and that the defect caused their injuries. This requires the plaintiff to show that the product was unreasonably dangerous or defective and that the manufacturer or other parties involved in the production and sale of the product knew or should have known of the defect.
The plaintiff may also need to provide evidence that the product was being used in a reasonable and foreseeable way when the injury occurred. This may require expert witness testimony and other forms of evidence. Manufacturers and other parties involved in the production and sale of products may use several defenses to avoid liability in a product liability claim. These defenses may include arguing that the plaintiff was using the product in an unforeseeable way, that the plaintiff was aware of the risks associated with the product, or that the plaintiff was at fault for their injuries.
In Texas, product liability claims are subject to a statute of limitations. This means that the plaintiff must file their claim within a certain period after the injury occurred. The statute of limitations for product liability claims in Texas is two years from the date of the injury or discovery of the injury.