Product Liability

Product Liability in Texas

Most of us use the products we buy with the presumption that if they are being legally sold they are safe when used in an appropriate manner. Nonetheless, throughout the country, many people suffer personal injuries as a result of defective merchandise. Every year there are recalls of defective products from infant cribs to car parts to foodstuffs. If you or a member of your family has been harmed by a defective product, the law is structured to hold the responsible party accountable.

Because defendants are usually large companies with high-priced law firms to defend them, it is essential that you seek out knowledgeable, aggressive legal representation to protect your rights. Tautfest Bond, with its highly capable attorneys and its track record of successful litigation, is ready to level the playing field for you so you receive the compensation you deserve. We serve clients throughout Houston and surrounding areas.

Types of Product Defects

The law distinguishes three types of product liability:

  1. Manufacturing defects that occur during the course of the product’s manufacture or assembly
  2. Design defects, inherent in the product from conception, making the product unsafe even before it is manufactured
  3. Marketing defects, errors during the marketing process, including improper labeling, inadequate instructions, or insufficient safety warnings

Which party we will file a claim against will depend on where in the process a mistake was made. Our experienced product liability attorneys will investigate to pinpoint where in the chain of design, manufacture, marketing, and distribution the defect first appeared.

Once we do so, we will be able to determine who is potentially liable — the manufacturer of the product, the manufacturer of a component part, the party that assembles or installs the product, the wholesaler or retailer. In some cases, there may be more than one defendant. Whichever direction the facts lead us, you can depend on Tautfest Bond to fight for the damages you are entitled to. We are laser-focused on winning your case either through agile negotiations or skillful courtroom litigation.

Strict Liability in Texas

We use all legal tools available to assist you in receiving every bit of damages you’re entitled to, including medical costs, lost income (present and future), disfigurement and/or long-term disability, and pain and suffering. The fact that product liability in many states is a strict liability offense is one tool that helps us help you. In strict liability cases the plaintiff only has to prove that the product was defective, not that the manufacturer, designer or marketer was negligent. This helps us to smooth your pathway to a successful outcome.

Of course, there are cases of product liability in which legal statutes other than strict liability may also apply, such as negligence, misrepresentation, breach of express or implied warranty. There are also, unfortunately, situations in which companies ignore possible harm to consumers in their quest for quick profits. You can depend on our product liability attorneys to target the claim precisely so that it will be most effective. At Tautfest Bond we believe that no one should be able to get away with negligence or recklessness when it comes to your safety.

Some Products Are Unavoidably Dangerous

It is generally understood that some products (e.g. electric drills, blow torches, and electric knives) are inherently dangerous and would not be effective otherwise. It is important to recognize, however, that marketers of such items are responsible for providing consumers with clearly visible warnings of risks so users take appropriate precautions. If such warnings were absent on a product you purchased and you were injured as a result, it is possible that Tautfest Bond will be able to make a successful claim of product liability on your behalf.

Statute of Limitations for Product Liability

Each state has laws that limit the time in which you may bring your claim. For instance, in Texas, a person filing a personal injury claim must do so no later than 2 years after the date the cause of action occurred. There are cases, however, in which the time frame is extended because the law recognizes that a reasonable person might not be immediately aware of the harm caused. In such cases, the clock starts ticking when the injury is discovered according to the law of some states.

Why You Need Tautfest Bond

While it may seem that since proving negligence is not necessary to prove strict product liability, it is easy to win a product liability lawsuit. This is by no means the case. As mentioned, the party you sue will almost certainly have high power defense attorneys fighting your claim. They will undoubtedly try to convince the court that you were aware of the risk involved and/or that you were careless or used the product in ways it was not intended to be used.

Our product liability practice is well-prepared to prove the necessary elements of strict liability: [1] that the product was defective and [2] that your injury resulted from that defect. We will leverage our considerable knowledge of product liability law, and our ability to produce both convincing evidence and expert testimony (mechanical, electrical, medical, etc.) to demonstrate the defendant’s liability.

Whether your personal injury was caused by a defective piece of equipment — for example, an electrical appliance prone to starting fires or a contaminated pharmaceutical — Tautfest Bond will fight tirelessly to obtain the compensation you and your family deserve. Contact us as soon as possible for a free consultation so we can formulate the most effective strategy to win your case. Remember we are here to help and will charge you no attorneys’ fees until we win damages for you.