Houston Product Liability Lawyer | Houston Product Liability Attorney | Houston Defective Product Attorneys


 United States citizens consume more products than most other countries in the world combined. This country is a consumer-based economy, relying on the purchase of products to fuel our lifestyles and economy. We buy them for our children; our spouses; our parents; ourselves; our friends; and even for our pets. When we purchase a consumer product, we expect that it will be safe. We also expect that it will be designed in the best possible way to avoid injury to unsuspecting consumers. Equally important are necessary and adequate warnings, which should accompany products when they go on the market so that they can be used safely and in the intended manner.







Houston Defective Product Lawyers Can & Will Help You and Your Family

When one of these expectations is not met, a products liability action may be brought. Products liability refers to the liability of any party along the chain of manufacturing of any product for damage caused by that product.  It may be based on negligence, strict liability, and/or breach of the warranty of fitness (depending on the jurisdiction).

Texas has a comprehensive set of product liability laws in decided cases and in the Civil Practice & Remedies Code Section 82.001 et seq. that often require an experienced Harris County injury attorney to address. Houston defective product attorneys and law firms are capable of handling a wide range of products liability cases that cause injury to persons like yourself and your family members. If you or a loved one have been injured due to a defective or unreasonably dangerous product, contact a Houston products liability lawyer for a consultation regarding your right to compensation.

Precedent Setting Product Liability Cases in Houston TX - Houston Design Defect Lawyers

As mentioned above, Texas law is quite developed when it comes to products liability cases. Chapter 82 of the Texas Civil Practice & Remedies Code is a very specific set of regulations which are known as the Texas Products Liability Code. Prior to the Texas legislature’s adoption of Chapter 82, Texas defective product attorneys and products liability lawyers were governed by judicial precedent. Since 2006, however, the Texas legislature and Texas Supreme Court have enacted laws and rendered judicial decisions that tend to afford more protection to product manufacturers. This makes it all the more important that you hire a qualified Houston products liability lawyer to handle your case due to the difficulties of successfully prosecuting a products case.

What are some types of Products Liability Claims that Texas Injury Attorneys Handle?

The theory of Products Liability requires there to be a "steam of commerce." To be liable to an injured person [plaintiff], the manufacturer and/or distributor must have placed a product into the "stream of commerce", which subsequently injures someone. In plain English, they must have sold or distributed it to the public. This can be done through a wholesale or retail sale. Houston products liability claims range from defective lawnmowers, cars, planes, appliances, boats, drugs, pharmaceuticals, and just about any items that causes Harris County residents injuries each day.

For more information on products liability in the specific case of medical devices or dangerous pharmaceuticals, prescription, over-the-counter, or other drugs, please see the dangerous drugs page and the defective medical device page.

Who Can Be Held Liable for a Dangerous Product?

  1. Product Manufacturers;
  2. Product Distributors; and/or
  3. Product Sellers

Texas has deep rooted case precedent when it comes to Product Liability Law.  In General Motors Corporation & Rawson - Koenig, Inc. v. Hudiberg Chevrolet, Inc., 199 SW3d 249 (Tex. 2006), the Texas Supreme Court issued an unprecedented decision that diverted from traditional products liability law. The General Motors decision essentially held that a manufacturer of components that end up being used in a product is shielded from liability if the final product ends up being defective. This decision makes it significantly harder to pursue, and win, a Texas products liability case against the manufacturer of a component part.

After the general Motors decision makes it quite difficult to prevail against a component part manufacturer because often times, products have countless numbers of components, making it nearly impossible to discern which component caused the "defect". A trained Houston defective product attorney can help you prove your claim. Sometimes, they will employ an expert trained in the specific area necessary to assess the product and render an opinion as to exactly which mechanism was defectively designed and/or defectively manufactured. In some cases, it is legally necessary to have this type of testimony. These experts cost money and you need to make sure that your Houston product liability lawyer has (1) the economic ability and (2) the personal commitment to invest in your case. Without this commitment, you may find that your case will not be effectively developed.

Recalls of Products - Evidence of a Product Recall in Texas

A Houston personal injury lawyer that handles defective product cases, will have a full understanding of the Texas Rules of Evidence. But Texas's Rule 407 addresses recalls a bit different than its federal rule of evidence counterpart:

TRE 407 states, in pertinent part:

RULE 407. SUBSEQUENT REMEDIAL MEASURES; NOTIFICATION OF DEFECT

(a) Subsequent Remedial Measures. When, after an injury or harm allegedgly caused by an event, measures are taken that, if taken previously, would have made the injury or harm less likely to occur, evidence of the subsequent remedial measures is not admissible to prove negligence, culpable conduct, a defect in product, a defect in product's design, or a need for a warning or instruction..........

(b) Notification of Defect. A written notification by a manufacturer of any defect in a product produced by such manufacturer to purchasers thereof is admissible against the manufacturer on the issue of existence of the defect to the extent that it is relevant.
(Emphasis Supplied).

As you can readily see from TRE 407(b), Texas treats a recall notice as admissible in a trial involving a product to actually assist the jury in showing the product was defective. Your Houston product liability lawyer will know if the particular recall notice, if any, will be admissible at trial.

Texas Statute of Limitations and Texas Statute of Repose

The statute of limitations refers to the time in which a claim must be brought. If it is not brought within that time period, then the claim can be dismissed by the product manufacturer (defendant). The statute of limitations in a Texas products liability action in strict liability and negligence is two (2) years from the date the cause of action accrued. The cause of action accrues on the date that the injury is discovered. 

A statute of repose provides a date upon which the action no longer exists, whether it has accrued by that date or not; it entirely cuts off an injured person's right of action even before it accrues. In Texas, the statute of repose in a products liability action provides that all claims must be brought before the end of fifteen years from the date of the sale of the product. Thus, a case might be proper under the Texas statute of limitations, but not the Texas statute of repose. The applicability of what is commonly referred to as the "discovery rule" may apply and that is why you must seek a trained and experienced Houston product liability lawyer for a correct assessment of your injury claim.

Courts where a Houston Products Liability attorney can handle a claim:

127th Civil District Court
Harris County Civil Courthouse
201 Caroline Street, 10th Floor
Houston, TX 77002
Phone: 713-368-6161
 
151st Civil District Court
Harris County Civil Courthouse
201 Caroline Street, 11th Floor
Houston, TX 77002
Phone: 713-368-6222
 
129th Civil District Court
Harris County Civil Courthouse
201 Caroline Street, 10th Floor
Houston, TX 77002
Phone: 713-368-6180
 
152nd Civil District Court
Harris County Civil Courthouse
201 Caroline Street, 11th Floor
Houston, TX 77002
Phone: 713-368-6040
 
133rd Civil District Court
Harris County Civil Courthouse
201 Caroline Street, 11th Floor
Houston, TX 77002
Phone: 713-368-6200
 
157th Civil District Court
Harris County Civil Courthouse
201 Caroline Street, 11th Floor
Houston, TX 77002
Phone: 713-368-6230
 

 

Houston Rollover Accident Lawyers & Houston Crashworthiness Lawyers

Another type of products liability case that is often overlooked by the untrained practitioner relates to vehicles that are unfit for sale and perform badly in auto accidents. Specifically, these type claims are called (1) rollover and/or (2) crashworthiness claims. These cases occur when a car, van, pick-up truck, or Sport Utility Vehicle (SUV) rolls over or malfunctions in an auto accident. There are many potential injuries that can result when this happens.

A seatbelt, airbag, roof crush, seat break, head rest, air bag, side bag or other malfunction may make the vehicle unreasonably dangerous and unfit to be sold on the market. Issues involving seat belts that come undone are often involved, causing passengers to be ejected from the vehicle and sustain more severe injuries, or wrongful death, than they would have otherwise. Similarly, roof crushing, or the roof caving in, and other poor designs in a faulty vehicle may result in the death or permanent paralysis of the vehicle’s occupants. In these type accidents, it is typical that the persons cervical (neck) area is crushed thereby rendering the person paralyzed either as a paraplegic or quadraplegic. This is a tragic event and calls our for legal representation to fight the manufacturer.

If you, or a loved one, has been injured due to faulty vehicle design, crashworthiness failures, or a vehicle rollover, consult a Houston crashworthiness attorney, Houston roll over attorney, or Harris County products liability attorney today.

Personal Injury Attorneys Serve Houston and Surrounding Cities

Serving clients throughout southeast Texas, including Aldine, Baytown, Bellaire, Beaumont, Channelview, Cloverleaf, Conroe, Deer Park, Friendswood, Galena Park, Galveston, Hedwig Village, Highlands, Hilshire Village, Humble, Jacinto City, Katy, League City, Magnolia, Mission Bend, Missouri City, Pasadena, Pearland, Porter, Sealy, South Houston, Spring Valley, Stafford, The Meadows, The Woodlands, Waller and West University.

Contact one of the experienced Houston defective product injury attorneys listed on this site today for a FREE INITIAL CONSULTATION regarding your legal rights.