Dealing with Harmful Products - Product Liability

What Is Product Liability?

Product liability is a type of personal injury claim that arises when you are injured or harmed by a product. If you or a loved one need to file a personal injury lawsuit due to a defective medical device or other product, you will want the best personal injury lawyers at your side. At Fleming, Nolen, and Jez, we have a combined 170 years of experience fighting for clients in their personal injury claims. We will put our aggressive and creative approach to representation to work for you.

 

Product Liability in Texas

Consumers have a right to know the products they purchase are safe for use and free from defects. Any risks associated with products should be clearly indicated on the packaging or label. When these conditions are not met, laws provide protection for consumers, allowing them to pursue legal action against predatory or negligent companies.

If you’ve been injured by a defective product in Texas, consumer and product liability laws protect your interests and safety. Reach out to Fleming, Nolen, and Jez to discuss your case and find out why our personal injury lawyers in Houston are the best choice to represent you.

 

Types of Product Defects

There are three categories of product defects in Texas:

Design Defects

These problems occur with the product’s design. To prove this type of product liability claim, your personal injury attorney must show that a safer alternative in the design must have been possible at the time the product was made[1].

Manufacturing Defects

This type of defect occurs with machinery issues, bad materials, and negligent assembly of a product. In Texas statutes, a manufacturer can be any number of people involved in the creation or building process, including the product’s constructor, producer, fabricator, processor, or assembler[2].

Marketing Defects

Even if each component of a product is made correctly and assembled, inadequate instructions or misleading information on packaging can create liability for a defective product.

Sellers are usually exempt from liability in cases involving product liability, but there are circumstances in which they may be held responsible. If the seller of a product participated in the design, altered or modified the product, installed the product, or controlled the labeling or instructions of the product, they could face liability if any of those actions are shown to have caused an injury[3].

 

Common Product Liability Cases in Texas

Defective products are often unavoidable, as you will likely not know of their dangers until it is too late. While almost anything can be faulty and cause injury, some of the more common product liability cases in Texas include:

Prescription and Over-the-counter Medications

Far too often, medications are approved for use and later found to be unsafe, sometimes after being used by consumers for years or even decades. Birth control pills, acid reflux medications, testosterone supplements, and many other prescription drugs have dangerous side effects that cause long-lasting harm. Over-the-counter medications are not required to go through as rigorous of procedures as prescriptions, yet they can be just as harmful to the public.

Medical Devices

Despite approval by the Food and Drug Administration, some medical devices are found to cause adverse side effects or severe harm. Devices such as hernia and vaginal meshes, IVC filters, breast implants, and specific knee and hip replacements have been known to create additional health problems for patients.

Doctors and other medical professionals responsible for the implantation of these devices may also cause harm to their patients.

A product liability lawyer in Houston can help you file a personal injury claim if you’ve suffered injury or complications from a faulty medical device. We believe you have the right to be protected from disproportionately dangerous medical devices and notified of the risks you may face from these products, so our personal injury lawyers will fiercely advocate for you in your product liability lawsuit.

Vehicle Parts

Automobiles have the ability to cause serious harm if any of their many parts malfunction. Fault can lie with the parts manufacturers, vehicle manufacturers, or even a mechanic servicing the vehicle. Drivers rely on their car’s brakes, fuel systems, tires, airbags, electronic parts, and every other aspect to work properly. When any one of these vital systems fails, it can lead to devastating injury from a car cash.

Defective products like these can cause injury or harm even after one use, which is why product liability is important to establish to recover compensation. Our team at Fleming, Nolen, and Jez has represented injured clients in a wide range of product liability cases:

Defective products like these can cause injury or harm even after one use, which is why product liability is important to establish to recover compensation. Our team at Fleming, Nolen, and Jez has represented injured clients in a wide range of product liability cases:

  • Medical implants and devices
  • Prescription drugs
  • Cosmetics
  • Machinery and equipment
  • Food products

We have represented past clients in their personal injury lawsuits and claims involving:

 

At Fleming, Nolen and Jez, we have a strong team of personal injury lawyers in Houston who have dedicated our careers to fighting for the rights and compensation of injured victims in product liability cases. If you or a loved one was hurt because of complications related to a dangerous medical device, or were injured because of a dangerous or defective product, you have legal rights and options that you should aware of. Contact us to schedule a free case evaluation and find out why our personal injury law firm is the best in Houston.

  1. [1] Texas Civil Practice and Remedies Code. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.82.htm
  2. [2] Ibid.
  3. [3] Ibid.

Do You Have a Potential Case or Question?

At Fleming, Nolen & Jez, our personal injury lawyers have dedicated their careers to fighting for the rights of injured victims throughout the United States. If you were seriously injured through the negligence or wrongdoing, you may be able to file a lawsuit to secure the compensation you deserve. Contact us today to speak with one of our specialist to review your case information.