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A defective product can potentially end lives. Around the country, citizens typically rely on products that come from mass manufacturers. Americans count on these large corporations to safely produce the electronics, auto parts, hygiene products, and other goods that we use on a daily basis. On the most days, you can count on these products to work as intended, but in some cases, tragedy can occur.

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Product Liability

Pusch & Nguyen | San Antonio Product Liability Lawyers


What is Product Liability and How Does it Apply to Consumers in Houston and San Antonio?

Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for injuries or damages caused by their defective products. When a product is found to be defective or unreasonably dangerous, consumers who have suffered harm as a result may be entitled to compensation. This area of law aims to protect consumers from unsafe products and holds responsible parties accountable for any harm caused.

In Houston and San Antonio, product liability laws apply to all consumers who have been injured or suffered damages due to a defective product. These laws provide avenues for seeking compensation and holding negligent parties liable. Whether the defect was in the design, manufacturing process, or inadequate warnings/instructions, consumers have the right to pursue legal action against those responsible.

Examples of Common Product Liability Cases in Houston and San Antonio:

  • Automobile defects leading to accidents
  • Pharmaceutical drugs with harmful side effects
  • Faulty medical devices causing injury
  • Defective household appliances causing fires or electrocution
  • Tainted food products causing illness
  • Toxic chemicals in consumer products leading to health issues

Legal Requirements for a Successful Product Liability Claim in Texas:

To successfully pursue a product liability claim in Texas, certain legal requirements must be met:

1. Defective Product:

The plaintiff must demonstrate that the product was defective in some way. This can include defects in design, manufacturing, or marketing (such as inadequate warnings or instructions).

2. Causation:

The defect must be proven to be the direct cause of the plaintiff’s injuries or damages. It must be shown that the defect was a substantial factor in causing harm.

3. Injury or Damages:

The plaintiff must have suffered actual harm or damages as a result of using the defective product. This can include physical injuries, emotional distress, medical expenses, lost wages, and other related losses.

4. Use as Intended:

The plaintiff must have been using the product as intended or in a reasonably foreseeable manner when the injury occurred. Misuse of the product may weaken a claim unless it can be shown that the misuse was reasonably foreseeable by the manufacturer.

Determining if You Have a Valid Product Liability Case as a Consumer:

If you believe you have been injured or suffered damages due to a defective product, there are several factors to consider in determining if you have a valid product liability case:

  • Evidence of Defect: Gather any evidence that supports your claim of a defect in design, manufacturing, or marketing (such as photos, documentation, witness statements).
  • Injury or Damages: Assess the extent of your injuries or damages and determine if they are significant enough to warrant legal action.

Determining if You Have a Valid Product Liability Case as a Consumer

Understanding Product Liability Laws

To determine if you have a valid product liability case as a consumer, it is important to understand the laws surrounding product liability. In Texas, product liability cases typically fall under three categories: manufacturing defects, design defects, and failure to warn. A manufacturing defect occurs when there is an error in the production process that makes the product dangerous or defective. A design defect refers to a flaw in the product’s design that makes it inherently unsafe. Failure to warn cases involve products that do not have proper warning labels or instructions for safe use.

Evaluating Your Situation

Once you are familiar with the different types of product liability cases, you can evaluate your situation to determine if you have a valid claim. Ask yourself if the product caused your injury or damages, and if so, whether it was due to a manufacturing defect, design defect, or failure to warn. Additionally, consider whether you were using the product as intended and following all instructions provided. Gathering any evidence such as photographs of the defective product or medical records related to your injury can also help strengthen your case.

Consulting with an Attorney

If you believe you have a valid product liability case, it is highly recommended to consult with an experienced attorney who specializes in this area of law. They can assess the details of your situation and provide guidance on how best to proceed. An attorney will be able to navigate through complex legal processes and ensure that your rights are protected throughout the entire process.

Steps to Take to Protect Your Rights and Gather Evidence After Being Injured by a Defective Product

Immediate Actions

After being injured by a defective product, it is crucial to take immediate actions to protect your rights and gather evidence. Firstly, seek medical attention for your injuries. Not only will this ensure your well-being, but it will also create a record of your injuries that can be used as evidence in your case. Additionally, make sure to preserve the product in its current state and refrain from attempting any repairs or modifications.

Next, document the incident by taking photographs of the product, the scene of the incident, and any visible injuries you sustained. This visual evidence can be highly valuable in establishing the defectiveness of the product and supporting your claim. It is also important to gather contact information from any witnesses who may have seen the incident or have knowledge about the defective product.

Contacting an Attorney

Once you have taken these immediate actions, it is advisable to consult with an experienced product liability attorney who can guide you through the legal process and help protect your rights. They will assess the strength of your case, advise you on potential legal strategies, and handle communication with insurance companies or other parties involved.

Your attorney will assist in gathering additional evidence such as product manuals, safety warnings, or previous complaints about similar defects. They may also engage experts who can provide testimony regarding industry standards or design flaws contributing to the defectiveness of the product.

Key Steps:

  • Seek immediate medical attention for injuries
  • Preserve the defective product without making any modifications
  • Document the incident with photographs
  • Gather contact information from witnesses
  • Contact an experienced product liability attorney
  • Collect additional evidence and engage expert witnesses

Laws and Regulations Enhancing Consumer Protection in Houston and San Antonio’s Product Liability Cases

Consumer protection laws in Houston and San Antonio play a crucial role in ensuring the safety of individuals who have been harmed by defective products. These laws are designed to hold manufacturers, distributors, and retailers accountable for any damages caused by their products. In Texas, product liability cases are governed by both state and federal laws.

At the federal level, the Consumer Product Safety Act (CPSA) is a key legislation that sets safety standards for consumer products and establishes the Consumer Product Safety Commission (CPSC) to enforce these regulations. The CPSC has the authority to issue recalls, ban dangerous products, and impose penalties on violators. Additionally, Texas has its own set of laws such as the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), which prohibits false or misleading advertising practices and provides remedies for consumers who have been deceived or harmed.

Damages Sought and Determined in a Product Liability Lawsuit

In a product liability lawsuit, various types of damages can be sought depending on the circumstances of the case. These damages aim to compensate the injured party for their losses and provide financial relief. The three main categories of damages typically pursued in product liability cases include:

Economic Damages:

  • Medical expenses: This includes costs related to hospitalization, surgeries, medication, therapy, rehabilitation, and any other medical treatments required due to the injury caused by the defective product.
  • Lost wages: If the injury prevents the individual from working or requires them to take time off work, they may be entitled to compensation for lost wages.
  • Property damage: If the defective product caused damage to personal property such as vehicles or belongings, compensation may be sought to cover the cost of repairs or replacement.

Non-Economic Damages:

  • Pain and suffering: This refers to physical and emotional distress experienced as a result of the injury caused by the defective product.
  • Loss of consortium: If the injury has negatively impacted the injured party’s relationship with their spouse or family members, compensation may be sought for the loss of companionship, support, or affection.
  • Loss of enjoyment of life: If the injury has significantly limited the injured party’s ability to engage in activities they previously enjoyed, compensation may be sought for this loss.

Punitive Damages:

In certain cases where the defendant’s conduct is deemed particularly reckless or intentional, punitive damages may be awarded. These damages are meant to punish the defendant and deter others from engaging in similar misconduct. However, Texas law places a cap on punitive damages depending on various factors such as the size of the defendant’s business.

Filing a Product Liability Claim Against Multiple Parties Involved in the Defective Product

Identifying all potentially liable parties

When filing a product liability claim, it is important to identify all parties who may be responsible for the defect. This can include manufacturers, distributors, retailers, and even suppliers of component parts. Each party may have played a role in the design, production, or distribution of the defective product, and they can all be held accountable for any resulting injuries or damages. It is crucial to thoroughly investigate the supply chain and gather evidence to determine which parties should be named in the claim.

Proving each party’s liability

Once all potentially liable parties are identified, it is necessary to establish their individual roles in causing the defect. This requires gathering evidence such as product testing records, manufacturing processes, and any communications or contracts between the parties involved. Expert testimony may also be necessary to demonstrate how each party’s actions or negligence contributed to the defect. Proving liability against multiple parties can be complex, but it allows for greater chances of recovering full compensation for your injuries.

Benefits of filing against multiple parties

Filing a product liability claim against multiple parties has several advantages. Firstly, it increases the likelihood of obtaining full compensation since each party may have different insurance policies or financial resources available for restitution. Additionally, by involving multiple defendants, it puts pressure on them to cooperate and reach a favorable settlement rather than engaging in lengthy litigation. Finally, holding multiple parties accountable helps prevent similar defects from occurring in the future by encouraging stricter quality control measures throughout the supply chain.

Statute of Limitations for Filing a Product Liability Lawsuit in Texas and its Impact on Your Case

Understanding the statute of limitations

In Texas, there is a specific time limit within which a product liability lawsuit must be filed. This time limit, known as the statute of limitations, varies depending on the type of claim and the circumstances surrounding it. Generally, in product liability cases, the statute of limitations is two years from the date of injury or discovery of the defect. It is crucial to be aware of this deadline as failing to file within the specified timeframe can result in your case being dismissed.

Impact on your case

The statute of limitations has a significant impact on your product liability case. If you fail to file your lawsuit within the prescribed time period, you may lose your right to seek compensation for your injuries altogether. Additionally, waiting too long to file can weaken your case as evidence may become harder to gather and witnesses’ memories may fade. It is essential to consult with an experienced product liability attorney as soon as possible after discovering a defect or sustaining an injury to ensure that you meet all necessary deadlines.

Exceptions and tolling provisions

While Texas generally adheres to a strict two-year statute of limitations for product liability claims, there are certain exceptions and tolling provisions that may extend or pause this timeframe. For example, if the injured party was a minor at the time of injury, the statute of limitations may be tolled until they reach the age of majority. Additionally, if fraud or concealment by a defendant prevented discovery of the defect, the statute of limitations may be extended. It is important to discuss any potential exceptions with your attorney to determine if they apply in your case. (Note: The remaining subheadings will be expanded upon in subsequent responses.)

Typical Timeframe for Resolving a Product Liability Case through Negotiation or Litigation

Negotiation Process

The timeframe for resolving a product liability case through negotiation depends on various factors, including the complexity of the case and the willingness of both parties to reach a settlement. Typically, negotiations begin after the injured party files a claim with the responsible party’s insurance company. The initial negotiation process may involve exchanging information, such as medical records and evidence of the defect or negligence. This phase can take several weeks or months as both parties gather and review relevant documents. Once negotiations commence, there may be multiple rounds of offers and counteroffers between the parties. This process can extend for several months as they work towards an agreement that adequately compensates the injured party for their damages. If successful, a settlement can be reached without going to court.

Litigation Process

If negotiation fails to produce a satisfactory resolution, the injured party may decide to pursue litigation. The timeframe for resolving a product liability case through litigation is typically longer due to the formalities and procedures involved in court proceedings. After filing a lawsuit, there will be a period known as discovery where both parties exchange relevant information and evidence. This phase can last anywhere from several months to over a year, depending on the complexity of the case and any potential delays. Following discovery, there may be pre-trial motions and hearings before finally proceeding to trial. Trials themselves can vary in duration but generally last anywhere from a few days to several weeks. After presenting their arguments and evidence, both parties await the jury’s decision. Overall, resolving a product liability case through litigation can take anywhere from one to three years or more, depending on various factors such as court availability and potential appeals.

Alternative Dispute Resolution Methods for Resolving Product Liability Claims without Going to Court


Mediation is a popular alternative dispute resolution method for resolving product liability claims without going to court. In this process, a neutral third-party mediator facilitates negotiations between the injured party and the responsible party or their insurance company. The mediator helps both sides communicate effectively and work towards a mutually agreeable settlement. During mediation, each party has the opportunity to present their case and discuss their concerns. The mediator assists in identifying common ground and exploring potential solutions. Mediation sessions can be scheduled at convenient times for all parties involved, making it a flexible option.


Arbitration is another alternative to litigation for resolving product liability claims. It involves presenting the case to one or more arbitrators who act as private judges. The arbitrator(s) review the evidence and arguments presented by both parties and make a binding decision. Arbitration can be less formal and time-consuming compared to traditional court proceedings. It offers more privacy as well since the arbitration process is typically confidential. However, it’s important to note that the decision reached in arbitration is final and cannot be appealed unless there are specific grounds outlined in an agreement or applicable laws. Both mediation and arbitration provide opportunities for resolution outside of court, potentially saving time, costs, and emotional stress associated with lengthy litigation processes. (Note: You can continue expanding on other subheadings using a similar format.)

The Role of Expert Testimony in Proving Negligence or Defectiveness in a Product Liability Case

What is expert testimony?

Expert testimony plays a crucial role in product liability cases, particularly when it comes to proving negligence or defectiveness. In simple terms, expert testimony refers to the statements and opinions provided by individuals who possess specialized knowledge, training, or experience in a particular field relevant to the case. These experts are typically called upon to provide their professional opinions on matters such as product design, manufacturing processes, safety standards, and potential defects.

How does expert testimony help prove negligence or defectiveness?

Expert witnesses can provide invaluable insights and analysis that can strengthen a product liability case. They can explain complex technical concepts to the judge and jury in a way that is easily understandable. By presenting their professional opinions, based on their expertise and examination of evidence, they can establish whether a manufacturer acted negligently or if there was a defect present in the product. Their testimonies often serve as persuasive evidence that helps the court understand the nature of the alleged negligence or defect. Using expert testimony also allows attorneys to demonstrate that they have thoroughly investigated the case and consulted with professionals who have extensive knowledge about the specific industry or product involved. This adds credibility to their arguments and enhances their chances of succeeding in proving negligence or defectiveness.

Pursuing a Product Liability Claim Despite Signing a Waiver or Release Form when Purchasing the Defective Product

The limitations of waivers and release forms

Many consumers are unaware that signing a waiver or release form when purchasing a product does not necessarily absolve manufacturers from liability for defects or injuries caused by their products. While these forms may attempt to limit legal recourse for injuries sustained while using the product, they do not always hold up under scrutiny.

When can a product liability claim be pursued despite signing a waiver or release form?

In certain situations, waivers and release forms may be deemed unenforceable or invalid. This can occur if the language used in the document is ambiguous, misleading, or unconscionable. Additionally, if the manufacturer acted negligently or intentionally concealed known defects in the product, it may be possible to argue that the waiver or release form should not prevent a product liability claim. Courts also consider public policy factors when determining the enforceability of waivers and release forms. If enforcing such documents would undermine important public interests, such as consumer protection or ensuring manufacturers adhere to safety standards, they may rule in favor of allowing a product liability claim to proceed. It is important to consult with an experienced product liability attorney who can assess the specific circumstances surrounding your case and determine whether pursuing a claim despite signing a waiver or release form is viable.

The Benefits of Hiring an Experienced Product Liability Attorney for Your Case

Expertise in product liability laws

Navigating the complex landscape of product liability laws requires specialized knowledge and experience. An experienced product liability attorney possesses an in-depth understanding of state and federal laws pertaining to defective products, negligence claims, and consumer protection statutes. They are well-versed in legal precedents that can significantly impact the outcome of your case.

Thorough investigation and evidence gathering

Product liability cases often require extensive investigation to gather evidence proving negligence or defectiveness. A skilled attorney has access to resources and experts who can help uncover crucial information about the manufacturing process, design flaws, inadequate warnings, or other factors contributing to your injuries. They know how to collect and preserve evidence effectively to build a strong case on your behalf.

Negotiation skills and advocacy

Experienced product liability attorneys have honed their negotiation skills over years of representing clients in similar cases. They understand the tactics used by insurance companies and manufacturers to minimize or deny claims. Armed with this knowledge, they can negotiate skillfully on your behalf, seeking fair compensation for your injuries and damages. If a settlement cannot be reached, they will advocate for you in court, presenting compelling arguments to persuade judges and juries.

Local Resources and Organizations Assisting Individuals Dealing with Potential Product Liabilities in Houston and San Antonio


– Houston Consumer Protection Division: This division of the City of Houston’s Legal Department offers resources and assistance to consumers dealing with potential product liabilities. They provide information on consumer rights, mediate disputes, and investigate complaints related to defective products. – Houston Bar Association: The Houston Bar Association has a Lawyer Referral Service that can connect individuals with experienced product liability attorneys in the area. They also offer educational resources on various legal topics, including product liability.

San Antonio

– San Antonio Office of Consumer Protection: This office is dedicated to protecting the rights of consumers in San Antonio. They handle complaints related to defective products and provide information on consumer laws and regulations. – San Antonio Trial Lawyers Association: The San Antonio Trial Lawyers Association is a professional organization comprised of attorneys who specialize in trial law, including product liability cases. They offer resources, networking opportunities, and continuing education programs for attorneys practicing in this field. These local resources and organizations can provide valuable guidance and support for individuals dealing with potential product liabilities in Houston and San Antonio. It is recommended to reach out to them for specific advice tailored to your situation. In conclusion, product liability is a crucial aspect of consumer protection that holds manufacturers accountable for any harm caused by their products. It serves as a deterrent for negligence and ensures that consumers are compensated for damages.” Finding an experienced San Antonio product liability lawyer is essential if you hope to successfully file a claim for your defective product injuries. If you expect to take a manufacturer to court and win your case, you will need help from litigation experts who are fearless and knowledgeable. Backing down is simply not an option when you are seeking compensation for your injuries, and the defendant will do whatever it takes to avoid responsibility and escape court without paying you a dime.
The Pusch & Nguyen Law Firm is here to make sure you have everything you need before your defective product trial begins. With years of experience taking on large corporations on behalf of everyday citizens, we know what it takes to win a lawsuit, no matter how intimidating the defendant may be. If you are interested in learning more about how we can get your lawsuit started, our legal team is only a phone call away. Call us today at 210-702-3000 to schedule a consultation with one of our team members. We’ll analyze your situation free of charge and figure out if we can be of any assistance. The best part? You only pay us if we win your case.

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Our aggressive legal team work together seamlessly for the benefit of our clients. Whether your goal is to settle your case as quickly as possible or fight for maximum compensation, even if that means a court date, we can help make the process as easy and painless as possible.

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