Over 93 Years Of Combined Winning Legal Experience

Product Liability – Defective Products

Regrettably, businesses frequently produce and/or manufacture hazardous and faulty products that can lead to life-altering and even fatal outcomes. These risky products encompass automobiles, tires, consumer goods, and pharmaceuticals. At Burwell Nebout Trial Lawyers, our Houston product liability lawyers offer legal representation to individuals injured due to defective products.

Our team offers you over 93 years of combined legal experience and local leadership in both trial and negotiations. Our goal is to maximize the compensation you rightly deserve.  In addition, help you make informed decisions throughout the legal process.

Contact or call us at (281) 645-5000 to schedule a free consultation with one of our Houston product liability lawyers.

What is a Defective Product in Houston?

A defective product (A.KA. Product liability) refers to the liability of a manufacturer or seller for the products they make and sell to consumers. In general, consumer product manufacturers are responsible for designing and manufacturing products that are safe.  In addition, meet the reasonable expectations of consumers and users. Manufacturers may also be responsible for providing warnings as to the non-obvious dangers inherent to the product for safe use.

Texas is a strict liability state.  This means that the person may not need to show the manufacturer was negligent to be awarded compensation for damages. In general, to recover compensation from a manufacturer for damages caused by an unsafe product, a person must prove that:

  • The product was defective in design, manufacture, or warning;
  • The defective product was unreasonably dangerous;
  • The defective product was used according to its instructions and design;
  • The defective and dangerous product caused the damage or injury.


As in any civil lawsuit, the compensation accessible for damages in a product liability case can vary based on the specifics of the situation. You might be eligible to seek reimbursement for medical costs, lost income, potential future earnings, property harm.  In addition, intangible losses like pain and suffering and emotional anguish.

In Texas product liability claims, the statute of limitations typically extends to 15 years from the product’s purchase date. Depending on the extent of your injuries or damages, Texas law might impose further restrictions on the time frame for filing. If you’ve sustained injuries due to a defective product in Texas, it’s crucial to promptly seek advice from an attorney.

What are the Three Types of Product Defects Recognized under Texas State Law?

Defects in products can arise from flawed design, manufacturing mistakes, or insufficient warnings about inherent dangers. The legal recourse for damages resulting from a defective product varies based on the specifics of each case.

What are the Three Types of Product Defects Recognized under Texas State Law?
Design Defect

Design Defect

A product can still pose danger if there’s a flaw in its design rendering it unsafe. This is referred to as a design defect. A company may bear liability for such a defect when a product harbors foreseeable risks.  This is despite being manufactured according to its design and used as intended.

According to the Texas Civil Practices and Remedies Code, a plaintiff claiming a design defect must prove that:


  • The defect was a producing cause of the personal injury, property damage, or death;
  • There was a safer alternative design that would have prevented the injury risk.  Furthermore, without severely impairing the product’s intended use or purpose;
  • The safer alternative design was economically and technologically feasible at the time the product left the control of the manufacturer.

Some examples of design defects include a baby toy with removable small parts that pose a choking risk to small children.  Or, or a power tool that lacks an appropriate safety covering for a blade.

Manufacturing Defect

Deficiencies in the manufacturing or quality control processes can lead to a product that deviates from the intended design.  A manufacturing defect arises from a mistake in the production.  Therefore, resulting in a product that fails to conform to the intended design.

In Texas, manufacturers are held strictly liable. Therefore, if you’ve suffered an injury due to a defect in a product, you’re not required to provide further evidence.  For example, the manufacturer’s negligence or awareness of the defect.

Manufacturing Defect
Failure to Warn

Failure to Warn

Despite being safely designed and correctly manufactured, certain products may still pose inherent risks or become dangerous if used incorrectly. The failure to provide adequate warnings (also termed as a marketing defect) arises when a manufacturer is aware or should be aware of potential dangers associated with the product but fails to offer sufficient warning or instructions for safe usage.

It’s important to note that manufacturers, retailers, or distributors are not obligated to provide warnings about hazards that are considered “common knowledge,” such as the sharpness of a knife.


An example of a warning defect is the failure to provide warnings about the dangers of airbags to a child riding in the front seat of a car.  Moreover, about the overheating danger or fire risk of a space heater left to run for more than a certain amount of time.


Who Handles Product Recalls?

Governmental recalls of defective products are primarily handled by six agencies:

  • The U.S. Consumer Product Safety Commission (CPSC) handles most household items, including clothing, electronics and toys.
  • Boats are reviewed for recall by the U.S. Coast Guard.
  • Food recalls typically originate from the U.S. Food and Drug Administration (FDA), the U.S. Department of Agriculture (USDA) or, in rare cases, from the Centers for Disease Control and Prevention (CDC).
  • Drugs, medical devices, and cosmetics are monitored by the FDA.
  • The Environmental Protection Agency (EPA) has jurisdiction over pesticides and vehicle emissions.

These agencies typically issue safety recalls only when clear and compelling evidence exists of a threat to consumer health and safety. For some people, we understand that the damage has already been done by the time governmental recalls go into effect. Our Houston product liability lawyers are here to help you gain access to the compensation you deserve, and we are on your side every step of the way.

Negligence Costs Lives

Negligence Costs Lives

Our team of Houston product liability lawyers has extensive experience representing numerous individuals and families who were injured by defective products.

Burwell Nebout has successfully handled injuries resulting from:

  • Ford Explorer rollover and Firestone tire failure
  • Auto defect cases, including crash-worthy claims against
  • Tire malfunctions, including tread separation
  • Split rim tires against domestic and foreign manufacturers


Yes, but only if actual injury or loss occurred as a result of using the product as instructed or intended. If you’ve been injured by using a product, you may be able to recover damages if there was a defect in the product design or manufacturing process or if the manufacturer or retailer failed to provide adequate warnings or instructions for use.
Retailers may be liable for selling defective products, but not under the strict liability laws that apply to manufacturers. Texas law places primary liability on the manufacturer of a defective product since the manufacturer is in the best position to recognize and prevent or fix defects. An experienced Texas product liability attorney can review your case, determine the appropriate defendants, and develop a strategy to maximize your compensation.
Product defects may originate in the product design, manufacturing process, and/or in the failure to provide appropriate warnings or instructions for use. Texas is a strict liability state, requiring only that a plaintiff show that the product was defective and caused injury, despite being used according to instructions, to recover compensation from a manufacturer. Other legal theories of recovery, such as negligence and the existence of other defendants, may require a plaintiff to prove additional elements.

Case Result

Automobile Accident

$19.2 million

Two clients killed as a result of a special defect in the shoulder of the roadway. A state court jury trial resulted in a $19.2 million verdict.

Premises Liability

$10 million

Children that attended school on a former toxic dump site made claims for exposure injuries. $10 million settlement.

Liberty County Record Verdictt

Record setting verdict

Two high school seniors were on their way home on a stretch of road that had been the subject of repeated complaints to the Texas Department of Transportation (TXDOT) about the poor condition of the shoulder. When the students entered a curve, the poor condition of the shoulder resulted in a crash that killed one and severely brain-damaged the other. A trial against the Texas Attorney General’s office resulted in the discovery of altered records, a spoliation instruction, and a record-setting jury verdict for Liberty County.

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