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Frequently Asked Questions | Houston Defective Products Attorney
What is product liability?
Product liability is a cause of action in the court which holds manufacturers, suppliers, and distributors accountable for the injuries or accidents that occur when they release their products as faulty, poorly designed, or defective products.
How do I prove a product liability case?
Unless you are a lawyer, you don't - this is why you call a Houston product liability attorney. There are many ways to prove a product liability case. In Texas, you must show a design defect, a manufacturing defect, or failed to warn you about risks associated with its use.
What is a design defect?
A design defect occurs when there is something functional wrong with the design of the product so as to render it unsafe for human use. For example, a car door of a line of Nissans which is prone to swinging open is considered to be a design defect.
What is a manufacturing defect?
A manufacturing defect is a problem occurring with an otherwise well-designed product during the manufacturing process. This is usually case by case. For example. if the car door on YOUR Nissan swings open, but not others, this is a manufacturing defect.
What is considered to be a failure to warn?
Products that carry risk are required to reasonably warn consumers on such risks and instruct them on their use. If the manufacturer fails to include a warning, they will likely be guilty of failure to warn.
What kinds of damages can be claimed in a Texas product liability lawsuit?
If you are injured by a defective or dangerous consumer product, you could potentially claim damages for the costs of medical care, missed time at work, loss of consortium, pain and suffering. Still more, one can claim punitive damages that are designed to deter others from making the same careless mistakes when it comes to the sale or production of defective or dangerous products.
What is the statute of limitations in Texas for product liability?
The general rule is two years
Does a Manufacturer have a duty to indemnify under Texas Law?
Yes. Texas has specific laws that provide that a manufacturer has a duty to indemnify a sellers against losses that arise from a product liability action. This duty to indemnify applies without regard to the manner in which the action concludes and is in addition to any duty to indemnify established by law, contract or otherwise.
What are the Texas laws with regard to a Breach of Express Warranty?
Texas has laws for both Breach of Express Warranty and Breach of Implied Warranty. In Texas, a breach occurs under the Express Warranty when 1) an affirmation of fact or promise was made by the seller to the buyer relating to the goods, 2) the affirmation of fact or promise became a part of the basis of the bargain, 3) the goods sold by the seller failed to comply with the promises or affirmations of fact made by the sellers 4) the buyer was harmed, and 5) the failure to comply was a proximate cause of the harm. These claims must be brought within four years from the date of the delivery.
What are the Texas laws with regard to breach of implied warranty?
Texas always has specific laws for a Breach of Implied Warranty. In fact, there are two separate rules: for breach of fitness for a particular purpose and for breach of implied warranty of merchantability. A breach of an implied warranty of fitness for a particular purpose occurs when 1) the seller knows the particular purpose for the goods, 2) the buyer relied on the seller's expertise, 4) the plaintiff notified the defendant of the breach, and 4) the plaintiff was injured. A breach of implied warranty of merchantability occurs when 1) the defendant sold or leased a product to the plaintiff, 2) the product was unmerchantable, 3) the plaintiff notified the defendant of the breach, and finally, 4) the plaintiff suffered an injury.
Does Texas have a law with post sale duty to recall?
Texas law provides that manufacturer of a product has no duty to recall a product for which a safer design is developed unless the manufacturer has regained control over the product following the sale.
What if it is a non-manufacturing seller? Can I still sue?
Texas law provides that a seller who did NOT manufacture a product is NOT liable for harm caused by that product. However, the seller need only assert the defense and the claimant has the burden of proving that there is an exception to the rule.
What is Texas' rule regarding joint and several liability for product liability actions?
Texas law generally provides a defendant is liable for the percentage of actual damages equal to its own percentage of responsibility. A defendant may be jointly and severally liable if its share of responsibility is greater than 50 percent or if it is responsible for certain criminal acts.
What if the manufacturer of the product I've been injured by disclaimed all implied warranties?
Texas has very specific rules governing how a manufacturer may disclaim any warranties that are implied under state law. Specifically, conspicuous language is required. If the manufacturer successfully disclaimed all implied warranties, you cannot recover for a breach such warranties. This is just one reason why it is important to seek advice from an experienced Houston Product Liability lawyer. Our Harris County product liability lawyers can guide you through your case and explain exactly what warranties can and cannot be disclaimed.
If a seller makes safety modifications to a product model or changes the product warning after I had been injured by that product, can I use evidence of the safety modifications in proving a product liability case?
No, you cannot. Evidence of what is called "subsequent remedial measures" cannot be used as evidence of the manufacturer's negligence. However, subsequent remedial measures can be used to show other facts about the manufacturer, like ownership or control over the product's design.
How much will it cost to pursue a claim?
Nothing. Houston product liability lawyers work on a contingency basis, which means that if they don't collect money for you, they don't get paid.
What are compensatory damages?
Compensatory damages are damages to cover medical bills, time lost from work and property damage that was caused by the defective product.
What are some examples of dangerous or defective drugs which Houston product liability attorneys can help with?
Houston Product Liability attorneys can help with litigating all dangerous or defective drug claims, including but not limited to:
Lipokinetix - symptoms include nausea, weakness or fatigue, fever, abdominal pain or change in skin color. Lipokinetix has also been associated with serious liver damage.
Lotronex - has been found to cause bowel dysfunction.
Meridia - may cause death, bleeding disorders, brain condition, heart condition, organ failure or stroke.
Metabolife - may cause death, brain condition, heart condition, organ failure or stroke.
Ortho Evra - increases a woman''s risk of developing a blood clot.
What are some examples of medical product defects which Houston Product Liability attorneys can help with?
Houston Product Liability attorneys have a reputation for litigating all medical product claims, including but not limited to:
- Calaxo Screw
- ObTape Sling
- Duragesic Patch
- Inbone Total Ankle
- Curlin Painsmart Pump
- Implantable Cardioverter Defibrillators (ICDs)
- Contaminated Heparin Syringes
- Shoulder Pain Management Pump
- Shelhigh Medical Device Seizure
- Zimmer Durom Cup Hip Implant
- Stryker CMF Custom Cranial Implant Kits
- DePuy ASR Hip Implants
- Zimmer Hip Replacements
I read on your tire defect page about tread separation. What is this?
Tread separation is worsening in the tires condition so as to cause the driver to lose control. A tread separation occurs because of the steel belted radial tire technology.
How are drug or medical device injuries caused?
They can be caused a number of different ways, including:
Medical devices sold without warnings as to the hazards;
Medical devices sold with side effects; and
Medical devices sold that tend to cause long term use, or withdrawal symptoms
Product Liability Lawyers 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.