Product Liability

Austin Product Liability Attorney

Handling Dangerous & Defective Product Claims in Texas

man working on a defective motorcycle​When you purchase a product, whether it’s a new car or a gas stove, you expect it to work – and it should. Manufacturers and designers alike have a responsibility to produce products that function as they should and are safe for the general public to use. Unfortunately, not every product that comes into our hands is safe. According to the Consumer Product Safety Commission, Americans seek medical attention for 30 to 40 million consumer product-related injuries every year, and these injuries cost consumers $1 trillion in damages.

Chris Morrow at Chris Morrow Law, PLLC has helped individuals seek compensation after being injured by defective or dangerous products for over two decades and can sit down with you to help you understand your options. Our product liability attorney in Austin is dedicated to our community and personally handles every case our firm takes on from start to finish.

Fill out our online form to schedule a free consultation with Chris Morrow today, or give us a call at (512) 641-5232 for legal services in English or Spanish.

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What Is Product Liability?

When it comes to personal injury, individuals can file product liability claims when they’ve been injured because of a manufacturer, seller, or distributor’s negligence that led to a product being dangerous or defective. Consumers have legal protections when they’ve been injured by products that are dangerous, and the Consumer Product Safety Act of 1972 provides for a commission that can issue recalls or ban products.

There is currently no federal product liability law, so product liability claims vary by state. Texas operates under a strict product liability law, meaning that manufacturers and designers are responsible for the harm their products cause – it doesn’t matter whether they were careless or reckless, though individuals can also file a claim based on negligence if they have evidence.

To have a successful product liability claim, victims must prove certain elements and have substantial evidence so the at-fault party in question can’t evade liability or blame the consumer for their injuries.

proof in a product liability claim infographicYou must prove the following elements to obtain compensation in a claim:

  • The product was defective
  • The defect was unreasonably dangerous
  • The defect caused your injuries

Though individuals generally have two years from the date of injury to file personal injury claims in Texas, when it comes to product liability the statute of limitations to file a claim is 15 years from the date of purchase. Some individuals can take additional time if their injuries were delayed or if the product came with a longer warranty. This is all information that Chris Morrow can help you understand when you call us for a free consultation.

Can a Retailer Be Held Liable for Defective Products?

In general, yes, sometimes retailers can be held responsible for selling a defective product. However, it's always best to speak with a product liability lawyer before assuming you know who is responsible for the dangerous product. Sometimes more than one party can be held responsible.

Who Can Bring a Product Liability Lawsuit?

When it comes to filing a product liability claim, anyone who has been injured or suffered damages as a result of a defective or faulty product has the right to pursue a claim against the manufacturer, distributor or retailer.

What Compensation Can I Get from My Case?

Individuals can suffer from a variety of injuries depending on the product defect. A car accident caused by defective brakes, for example, can result in broken bones, whiplash, brain damage, and spinal cord injuries. A hairdryer that catches on fire can inflict severe third-degree burns that require skin grafting. Regardless of the product defect, these injuries can be catastrophic and result in high damages like medical bills and lost income.

Our product liability lawyer in Austin can meet with you personally to understand how much pain and damages you’ve accrued. Through direct and honest communication, we can go after the full amount of compensation you deserve so you can heal and the company responsible can answer for their negligence.

Chris Morrow is here to help. Call our Austin product liability lawyer after you’ve been injured by a dangerous product at (512) 641-5232. We can inform you of your consumer rights and protections.

Common Types of Defective Products

​Virtually any product has the potential to be dangerous or defective, and Texas state law recognizes three types of product defects: design defects, manufacturing defects, and failure to warn. These types of defects can help individuals determine who is ultimately liable for their damages.

Design and manufacturing defects establish at which stage the error occurred – during the design process or manufacturing process, respectively – while failure to warn involves a product that doesn’t properly warn consumers about the risks involved in using the product.

    Some common types of defective products include:

    • Auto defects: Defective vehicle design and manufacturing are some of the most common product liability cases, especially considering the fact that a defect can easily lead to a car accident and involve multiple injuries or fatalities. Some of the most common defective vehicle claims in Texas involve seat belt failures, airbag defects, defective door latches, gas tank ruptures and explosions, and defective child car seats.
    • Dangerous drugs: Medications must be approved by the Food and Drug Administration (FDA), but this doesn’t always stop dangerous drugs from going to market. Because adverse side effects can take time to show up, it can be years before companies realize how harmful drugs like birth control pills or certain heartburn medications are. Some dangerous drugs can cause cancers over time or have the potential to be highly addictive.
    • Medical devices: Medical devices must also be approved by the FDA like prescription medications, but these can also cause serious injuries, whether in the implementation process or over time with use. Some examples of dangerous medical devices include certain kinds of hip and knee replacements, breast implants, and vaginal meshes.​
    • Children’s toys: Infants and children are particularly vulnerable to suffering injuries from defective toys when they’re made incorrectly or create choking or suffocation hazards. Some baby foods can also contain harmful substances, while other toys are made with flammable material that can lead to fires and explosions.​
    Let Chris Morrow Help You!

    At Chris Morrow Law, we work for you and we won't stop until you get the compensation you deserve.

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