Houston Product Liability Lawyers

Legal Representation for Injured Consumers

When you purchase a product, you should be safe in the assumption that it won’t cause you a serious injury. If it does, then you could have solid legal grounds to file a claim or lawsuit against the company that made that product.

Robins Cloud LLP in Houston would be happy to help you understand and use your rights as an injured consumer. We have brought cases against international corporations and won. Trust in our decades of legal experience to handle your product liability case from start to finish.

We can handle product liability claims involving these defective products and more:

• Appliances
• Electronics
• Automobiles
• Medical devices
• Prescription medicines
• Cribs and rockers for infants
• Power tools
• Trampolines
• Children’s toys
• Furniture

For a free consultation with Robins Cloud LLP, dial (855) 569-0041 now.

Different Types of Product Defects

At the center of a product liability case is a product defect or something that went wrong with the product that made it unsafe. A product can become defective in many ways, though. Our legal team can investigate any product defect, sometimes with the assistance of a third-party expert product engineer.

Three common product defects are:

• Design: A product can become defective by design, which means it is never safe for use as long as it follows that design during the manufacturing process.
• Manufacturing: A product can become defective by manufacturing, which means that something goes wrong between the design phase and the point-of-sale.
• Marketing: A product is defective by marketing, advertising, or information if it does not tell the consumer enough about how to use the product or its risks. For example, a power tool with no safety instructions could be defective by a lack of information.

Strict Product Liability Law

Strict liability allows plaintiffs to hold manufacturers or sellers accountable for defective products without proving negligence. To succeed in a strict liability claim for a defective product in Texas, a plaintiff must prove the following key elements:

Here are the elements that must be proven:

1. The product was defective.: The plaintiff must show that the product had a defect. As we mentioned earlier, this could be a design defect, a manufacturing defect, or a marketing defect (also known as a failure to warn).
2. The defect existed when the product left the defendant’s control: The plaintiff must demonstrate that the product was defective at the time it left the control of the manufacturer, distributor, or seller. In other words, the defect must have been present before the product reached the consumer, whether it occurred during the design, manufacturing, or distribution phase.
3. The product was used as intended or in a reasonably foreseeable manner: The plaintiff must show that they were using the product in a way it was intended to be used or in a manner that the manufacturer could reasonably foresee. The defendant may argue that the product was misused, but if the use was foreseeable, the manufacturer or seller could still be held liable under strict liability.
4. The defect caused the plaintiff's injury: The plaintiff must prove a direct causal link between the product's defect and their injury. This means showing that the defect made the product unreasonably dangerous, and that this danger directly resulted in the plaintiff’s harm. Without this causation, the plaintiff cannot recover damages under strict liability, even if the product was defective.
5. The product was unreasonably dangerous: The plaintiff must establish that the defect made the product unreasonably dangerous. This means the product posed a risk beyond what an ordinary consumer would expect when used as intended. The product must be shown to have posed a danger that the consumer could not have anticipated or mitigated through normal use.

If all of these elements are proven, the manufacturer or seller can be held strictly liable for the damages caused, regardless of whether they acted negligently.

Product Liability Statute of Limitations

There is a two-year statute of limitations on product liability claims in Texas. The statute typically begins on the date your injury occurs or when it becomes reasonably apparent. For example, if you were injured by an unsafe off-the-shelf medication, then the statute of limitations could begin when the symptoms of that injury or illness first manifested, which could be years later.

Robins Cloud LLP can help you figure out the statute of limitations on your product liability case. If the deadline is approaching quickly, then we can move just as fast to make sure that you can file a claim before it expires.

Can I File a Class Action Lawsuit for a Defective Product?

Yes, a class action lawsuit can be filed in Texas if a defective product has harmed multiple people in a similar way. Class actions allow a group of individuals to consolidate their claims into a single lawsuit, which can be more efficient for handling widespread harm caused by the same defect. However, class actions must meet specific legal requirements, including proving that the claims of the group members share common issues of law or fact, and that pursuing a class action is the best way to resolve the dispute.

Fight for the Compensation You Deserve

Product manufacturers must be held responsible for selling unsafe products that lead to serious and life-changing injuries. The claim that you file could obtain compensation and justice for you, but it might also help protect future consumers from suffering the same harm that you have. Get our Houston product liability attorneys on your side today to make the process less stressful from start to finish. We’ll fight for you!

Contact us online now. We are here to help.