• By: John Escamilla, Esq.
  • Published: May 2, 2024
Coverage for small businesses to safeguard against product liability claims - Escamilla Law Firm, PLLC

In this article, you can discover…

  • What situations and products qualify for a product liability claim.
  • What evidence you need to file a product liability suit.
  • How soon you should file your product liability claim with a lawyer.

What Are The Elements Of A Product Liability Claim In Texas?

Three types of product liability claims exist. These are design defects, manufacturing defects, and marketing defects.

  • In Design Defect cases, a product is designed in an unsafe way. The product could have been engineered with a much safer design from the start, which could have prevented serious injury.
  • Manufacturing Defect means that the product was designed well but manufactured in a way that made it unsafe. A common example of this is the rubber of car tires not being melted together properly during production, making the tire tread likely to separate while on the road.
  • Marketing Defects or Warning Defects involve a manufacturer not properly explaining foreseeable safety dangers that can come with the product. For example, failing to warn that a certain part of a product can become extremely hot during operation and cause injury if not handled carefully.

Determining what kind of defects you’ve encountered and how a manufacturer may be liable requires careful legal help and a strong series of expert voices in court.

Do I Need To Have The Defective Product Still In Order To File A Product Liability Claim?

Yes, it is important that you still have the defective product with you. Without the actual product, it can be difficult to show how it was defective and prove manufacturer liability.

Even in the case of an item that has exploded or caught on fire, such as a lithium battery, keeping the pieces that can be salvaged and preserving all evidence is important so that an expert can look at the item and make a judgment call.

What Are The Most Common Types Of Serious Injuries Sustained From Defective Products?

Sadly, the most common injuries from defective products often result in death. This is especially true if automobiles are involved and don’t work as they should or have a serious design flaw.

Burns from defective electronics or batteries are also quite common, and vehicles can experience electrical shorts that result in injury or product failure.

If The Product Has A Disclaimer, Can The Manufacturers Still Be Held Liable For My Injuries?

This depends on how the disclaimer is worded and how effectively the disclaimer is understood. It may also depend upon the size of the warning on the package, how easy the warning was to read and locate, and what kind of warnings were included or excluded.

A warning that is overly broad or vague may not be sufficient, and legal experts are available to weigh in to determine if a warning was reasonably worded or if it should have been more specific.

What Damages Can You Claim In A Product Liability Case?

Product liability cases can involve both economic and non-economic damages. Economic damages can include medical expenses due to the injury, loss of wages, and other expenses tied to the injury (such as the need to hire a gardener if the injury has left you unable to care for your yard).

Non-economic damages include financial compensation for pain, suffering, and mental anguish as a result of the injury. These are very real damages that many individuals and families suffer, and they deserve compensation. A good product liability attorney can review your case and help you maximize your recovery in both of these categories.

Is There A Statute Of Limitation For My Product Liability Case In Texas?

There are two sets of dates to consider if filing a product liability claim within the state of Texas. Firstly, you will have to bring a claim within two years of being injured by the product. It is also necessary for the product to have been manufactured and sold within the last 15 years.

This means that if you were injured by a product that was built or sold 16 years ago or more, you won’t have a claim in Texas. It’s important to make sure that both time constraints are considered, and that you act quickly to get the right legal help and representation on your product liability claim. For more information on Filing A Product Liability Claim In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (956) 628-7569today.

4.5 star review image for attorney John Escamilla - Escamilla Law Firm, PLLC

Attorney John Escamilla is a hard-working product liability attorney based in Texas who has helped injured clients just like you get the compensation they deserve for over 20 years. When big businesses cut corners, the public suffers. Let attorney John Escamilla review your case, make sure that responsible parties are held accountable, and see that you’re justly compensated.

Have you been injured by a potentially defective product? Set up an initial consultation today. Contact The Escamilla Law Firm today for clear legal help and diligent representation.

Free Consultation Available 24 Hours - (956) 628-7569

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