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.
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:
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.
According to the Texas Civil Practices and Remedies Code, a plaintiff claiming a design defect must prove that:
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.
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.
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.
Governmental recalls of defective products are primarily handled by six agencies:
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.
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:
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.
Child brain injuries from an auto accident The safety of your child is of major importance. When others threaten that safety through negligent acts, such as an at-fault auto accident, you may desire to hold those parties accountable. Thankfully, you have the ability to seek restitution through a personal injury claim. If you believe your child may […]
Understanding the Types of Compensatory Damages in a Civil Lawsuit In a civil lawsuit, a plaintiff brings charges against a defendant for a negligent act or wrongdoing. If the plaintiff wins the case, they are given a monetary award. These rewards are also called civil damages, and can be classified in two categories, “compensatory” or […]
Understanding How Much Your Personal Injury Claim is Worth Being injured because of the negligence of another party can change your life. Besides the physical pain and anguish of your injury, you may also have to deal with expensive medical bills, ongoing treatment like physical therapy, and missed time from work. The financial burden that […]