Guide to Defective Products & Product Liability Cases in Texas

Design defects

A product with a defective design endangers the user even if it is made flawlessly. Note that showing a product is dangerous is very different from proving that it has a defective design. If the product is clearly dangerous to any ‘reasonable’ user, the manufacturer cannot be successfully sued for any injuries.

The Texas Civil Practice and Remedies Code states that a plaintiff claiming a product has a design defect must show not just that the design was unsafe. She also must prove that:

• A less dangerous design could have been used
• Using that design would have been reasonable from a financial and technological standpoint
• The alternative design would have kept most of the product’s use and utility, while reducing risk of injury

The injured party also must prove that any injuries occurred from the design defect and not for other reasons.

Some design defect cases could include the following:

• Toy that can be easily swallowed by a small child
• Type of car that accelerates suddenly on its own
• A gun safety that still allows the gun to be fired

Failure to warn

A product under Texas law may also be considered defective when the manufacturer does not provide proper warning and/or instructions about its use.

For instance, if the product has a danger that is either unexpected or unforeseeable when used, the manufacturer must provide a warning label or warning statement.

Also, if the product must be used in a certain way to reduce injury risk, the manufacturer must provide instructions. Failure in either case can result in a product liability claim.

Some possible examples of a failure to warn case are:

• A birth control drug that causes serious medical problems
• A child’s chair that clamps on a table that falls if not properly installed
• A log splitting device that causes serious injury if one’s hand is in the wrong place

Manufacturing defects

A manufacturing defect is a chance event, and is not always present in every identical product. Such defects usually are caused by errors in quality control or production. You need not meet special criteria to prove that the manufacturing defect is grounds for a liability claim.

However, you must demonstrate clear evidence of the product defect. This can present serious challenges if the product was damaged or destroyed from the manufacturing defect.

Some common manufacturing defect cases include:

• Tread separation on tires
• Safety lock on a car does not engage
• Faulty handle on a car seat breaks

Defective pharmaceuticals in Texas

The laws for defective pharmaceuticals in Texas differ a bit.

If a manufacturer uses a warning that was created or approved by the FDA (Food and Drug Administration), the manufacturer may avoid liability.

However, if the product manufacturer concealed information from the FDA, it could be liable.

Manufacturers may also be held liable for failure to warn if they recommend using any medicine for an off-label use that FDA did not approve.

A typical vehicle has thousands of working parts that can and do fail, or may have been improperly designed. Some of the most common defective vehicle claims that have injured or killed Texans in recent years include:

• Failure of seat belts
• Defective tires
• SUV rollover crashes
• Airbag defects
• Roof failure
• Gas tank rupture and explosion
• Defective child car seats
• Failure of seat back
• Defective door latches

It should be noted that every vehicle has many manufacturers and designers for each part. If you are injured by a defective part in a vehicle, many parties could potentially be held liable:

• Car manufacturer
• Manufacturer of parts
• Company that installs or assembles the product
• The wholesale company
• Retail store that sold the product