Product Liability Claims in San Antonio

Consumers who purchase products expect them to be functional and safe, but not all products meet these expectations.

What Is Product Liability?

If a dangerous product has injured you, you may have a claim for compensation. Manufacturers, distributors, and retailers may be held liable for harm caused by unsafe products placed in the hands of consumers. Consult with an experienced product liability attorney in San Antonio to learn about your legal options. Product liability is the legal responsibility for injuries caused by defective products of any party in the line of distribution. The distribution line may include manufacturers, distributors, suppliers, and retailers. If a product causes an injury or harms a consumer, the parties involved in the creation, distribution, or sale may be held liable.

What Is the Law on Product Liability in Texas?

Product liability law can be found in the Texas Civil Practice and Remedies Code in Chapter 82, Products Liability. Texas follows a strict liability rule in product liability cases. To prevail in a claim, you need only prove that the product was defective and caused your injury—not that the manufacturer or seller was negligent. If you are found to be partially at fault for your injury, your compensation may be reduced accordingly under the state’s comparative negligence rule.

What Types of Product Defects Can Lead to Liability?

The following three main types of product defects can lead to liability:

Design defects: Products inherently defective or dangerous because of their design, even if perfectly manufactured, have design defects. An example is a vehicle prone to roll over when turning at average speeds. Another example is an airbag with a sensor or inflator system defect that deploys with excessive force or fails to deploy in an accident.

Manufacturing defects: When something goes wrong in the process of manufacturing that makes products unsafe, manufacturing defects occur. Examples include bicycles that are assembled incorrectly and medications that are contaminated during the manufacturing process.

Marketing defects: This type of defect often involves labeling or failure to warn. A product that lacks adequate instructions or sufficient warnings to prevent harm may be considered dangerous. Examples of marketing defects include medications that fail to clearly warn of potential side effects or interactions and toys for young children that do not include warnings about small parts that pose choking hazards.

What Types of Damages Are Available in Product Liability Cases?

Damages you are entitled to claim will depend on the circumstances and the nature and extent of your injuries. The following are some common damages in product liability claims:

Past and future medical expenses related to the injury
Lost wages if the injury has caused you to miss work
Loss of future earning capacity if the injury affects your ability to work in the future
Pain and suffering, which may include physical pain and emotional distress resulting from the injury
Property damage, if the defective product caused damage to your home, vehicle, or other property
Punitive damages are designed to punish the defendant and deter future misconduct if the actions of the defendant were particularly egregious or reckless

Do You Need a Product Liability Lawyer?

Product liability claims are complex cases that require an in-depth understanding of state and federal laws. Large manufacturing companies have teams of attorneys and vast resources to defend against claims. If you or your loved one has been injured by a defective product, it is in your best interests to have an experienced product liability attorney protecting your rights and to help you tenaciously pursue fair and full compensation. Contact Scheuerman Law Firm in San Antonio for extensive legal expertise and a proactive approach to resolving complex legal matters.