Product liability claims hold manufacturers, distributors, and retailers responsible when their products cause harm due to design flaws, manufacturing defects, or inadequate warnings. If you or a loved one has been hurt by a defective or dangerous product in Austin, Texas, you have the right to seek fair compensation for your injuries.
At Lorenz & Lorenz, PLLC, we recognize that you’re not just coping with physical pain but also the emotional and financial stress of a serious injury. Our goal is to guide you through the legal process, from investigating your case and gathering evidence to negotiating with insurance companies, so you can focus on healing while we fight to protect your rights.
When a flawed design, manufacturing defect, or inadequate warning leads to harm, those responsible can be held accountable. Our experienced defective products lawyers offer a free consultation to explain everything you need to know about product liability claims.
What is Product Liability Law?
Product liability refers to a manufacturer’s responsibility for allowing unsafe or defective products to reach consumers. Every year, countless products are recalled due to faulty manufacturing or design errors that can make them unusable and sometimes dangerous.
Recalled items can range from high-risk items that directly affect consumer safety, like a defective bicycle that could lead to an accident, to lower-risk items that do not meet a consumer's needs, like broken cosmetics or footwear with poor traction.
While there is no federal product liability law, most states have laws in place to help consumers recover damages caused by faulty products. Product liability law is different from general injury law and often helps plaintiffs recover damages that they would not otherwise be able to.
How is a Product Liability Case Different from a Personal Injury Claim?
Product liability cases center on defects in the design, manufacturing, or marketing (warnings/labels) of a product rather than a person’s direct actions. Unlike standard personal injury claims—where you typically have to prove negligence—product liability often relies on strict liability. This means you don’t have to show the manufacturer acted carelessly; instead, you show the product itself was flawed and caused your injury. Another key difference is that anyone in the chain of distribution—manufacturers, distributors, or retailers—may be held responsible if their involvement contributed to the defect.
Strict Liability
In most product liability lawsuits, including those in Texas, strict liability holds a manufacturer or seller responsible for harm caused by a defective product—regardless of whether they were negligent. This means the injured person doesn’t have to prove the company acted carelessly or intentionally. Instead, if you show the product was defective, that defect made the product unreasonably dangerous, and you were hurt as a result, you can typically pursue damages under strict liability.
However, to recover damages from a defective product, it helps to work with Austin product liability attorneys who are familiar with the different types of claims. Different approaches to a liability claim can have different outcomes, and some are more feasible than others. A product liability lawyer knows what to look for to establish legal responsibility.
Design Defect Claim
A design defect liability claim alleges that a product's design is inherently flawed, causing it to be dangerous or ineffectual. Design defect claims often come into play when products cause injuries due to an error in their design. In some cases, design defects can result in wrongful death.
Examples of design defects include:
- Toys with small parts that a child could swallow
- Cars with faulty brakes or airbags
- Guns that still fire with the safety on
One infamous example of a product design defect is Samsung’s exploding cell phones. In this case, the fault was not due to an error in assembling or manufacturing the phones but rather the phone’s design.
A product’s design is generally considered dangerous if it does not perform as safely as the average user would expect. Because of this, it is sometimes possible to recover damages even if you are not the user but a bystander witnessing the product’s deficiency.
However, in Texas, if a product appears dangerous to the everyday user, the manufacturing company cannot be sued for damages. To file a successful design defect claim in Texas, the plaintiff must prove not only that the design is flawed but also that:
- A safer design was readily available
- Implementing a safer design would have been economically and technologically feasible
- A safer design would not have hindered any of the product’s features
The plaintiff must also prove that the product and not another occurrence caused their injuries.
Manufacturing Defect Claim
Contrary to design defects, manufacturing defects don’t affect products widely and are sometimes only found in individual items. Manufacturing defects occur when errors in quality control or production result in unsafe or unusable products.
A product’s design can be completely safe, but a manufacturing mistake might cause it to work differently than intended. Manufacturing defects generally occur unintentionally and unbeknownst to the manufacturer.
For example, a manufacturing defect might occur in an assembly line where workers are not paying close attention to their work.
Examples of manufacturing defects include:
- Using the wrong materials to construct a product
- Incorrectly installing wiring in a product
- Using harmful chemicals during the manufacturing process
Recovering damages from a manufacturing defect claim is relatively straightforward, as there are fewer specifications for the plaintiff to prove. In a manufacturing defect claim, the plaintiff must only prove that the product does not work as intended.
However, it can be difficult to pin a product’s defectiveness on manufacturing if it appears damaged. If a product is damaged, the plaintiff could be blamed for the defect.
Marketing Defect Claim
In product liability law, marketing defects generally refer to the same category of claims as warning or labeling defects. These claims arise when a manufacturer or seller fails to provide proper instructions or warnings about a product’s potential risks, leading to preventable injuries. If the product’s labeling is unclear, inadequate, or nonexistent—and someone gets hurt as a result—that falls under a marketing defect or failure-to-warn claim.
For example, for years, the tobacco industry was inundated with lawsuits alleging they knew cigarettes were carcinogenic but failed to inform their consumers of the risks.
If a product has risks or procedures that are not self-evident, the manufacturer must provide a warning and include clear instructions on safe use. If the manufacturer fails to do so, consumers have grounds for a liability claim.
Another example is a child's car seat, which may be designed and manufactured safely, but failure to provide adequate instructions on how to use or install the seat might result in injury, making the manufacturer liable. Failure to warn also commonly occurs in the pharmaceutical and healthcare industries, where a manufacturer might fail to identify potentially serious side effects of medication or medical devices.
In a failure to warn case, a manufacturer cannot claim ignorance, as it is incumbent upon them to conduct research to ensure they are aware of all potential risks and side effects of a product. If the manufacturer fails to conduct adequate research and testing, they can be strictly liable for the consequences.
How an Austin Product Liability Lawyer Can Help
Navigating an Austin product liability claim can be complicated, especially when you’re already dealing with pain, financial stress, and uncertainty about the future. A seasoned personal injury lawyer who has experience handling product liability cases can guide you through this challenging process, giving you space to focus on your health and emotional recovery. Here’s how an attorney can help:
Case Evaluation and Investigation
A skilled attorney will begin by assessing whether you have grounds for a viable claim. This typically involves examining the circumstances of your injury, the nature of the defective product, and all relevant evidence—such as photographs, medical records, and witness statements. Your lawyer may also consult industry experts to determine whether the product’s design, manufacturing process, or warnings were flawed to determine who may be held liable.
Collecting and Preserving Evidence
In product liability cases, it’s crucial to preserve the defective item in its post-accident condition whenever possible. This evidence can be pivotal for proving that the product was indeed faulty rather than damaged by the consumer. Your attorney can help secure and analyze this evidence, often enlisting the help of engineers or safety experts who can testify about the nature of the defect.
Negotiating with Insurance Companies
Many manufacturers and distributors have substantial insurance coverage. Unfortunately, insurance companies often try to minimize or deny claims to protect their bottom line. An attorney who understands Texas product liability law can negotiate aggressively on your behalf, pushing for a fair settlement that covers your medical bills, lost wages, and other damages.
Litigation and Court Representation
If negotiations don’t result in a fair settlement, your attorney can file a lawsuit and represent you in court. From drafting legal documents to presenting evidence, having legal counsel by your side can significantly reduce stress and improve your chances of a favorable judgment.
Potential Damages in a Product Liability Claim
When a defective product causes you harm, the aftermath can go far beyond physical pain. Many victims face mounting medical bills, prolonged recovery periods, and emotional struggles that affect their daily lives. In a product liability claim, you may be entitled to compensation (or “damages”) that addresses the full scope of your losses. Below are the types of damages commonly sought in such cases:
Medical Expenses
This includes costs for doctor visits, hospital stays, surgeries, medications, physical therapy, and any necessary medical equipment like crutches or wheelchairs. In serious cases, future medical costs—such as ongoing rehabilitation or follow-up treatments—can also be factored in.
Lost Wages and Reduced Earning Capacity
If your injuries cause you to miss work, you can pursue damages for the income you’ve already lost. More severe injuries might affect your ability to return to work at the same level or at all, resulting in claims for reduced earning capacity. This accounts for the long-term impact on your financial stability.
Pain and Suffering
Physical pain is only part of the picture. You may also experience emotional distress, anxiety, or depression stemming from the accident and its aftermath. Although these losses don’t have a clear price tag, they are just as real and can significantly affect your quality of life.
Property Damage
In some product liability cases, especially involving vehicles or home appliances, personal property may be damaged or destroyed. You could be entitled to reimbursement for repair or replacement costs.
By working with a dedicated product liability attorney, you’ll have someone who fully understands the value of your claim and can negotiate or litigate for the maximum compensation you deserve. At Lorenz & Lorenz, PLLC, we make it our priority to present a thorough case that reflects all dimensions of your hardship—medical, financial, and emotional.
Statute of Limitations in Texas
When filing a product liability claim in Austin (or anywhere in Texas), it's important to be aware of the legal deadlines. If you miss these time limits, you may lose your right to pursue compensation entirely.
In most Texas personal injury cases, including those involving product defects, you have two years from the date of your injury to file a lawsuit. This clock typically starts ticking on the day the accident happens, or the day you first realize the product caused harm.
Why Acting Quickly Matters
Investigating a product defect often involves collecting evidence like manufacturing records, product samples, recall notices, and expert testimonies. The sooner you begin, the easier it is to locate and preserve this evidence. Additionally, memories fade over time, and finding witnesses or keeping them engaged becomes more challenging the longer you wait.
An Austin product liability attorney can help ensure all paperwork is filed correctly and on time, preserving your chance at fair compensation.
Need Help With a Defective Product Claim in Austin?
If you’re coping with injuries from a dangerous or defective product, don’t wait to seek legal advice. The team at Lorenz & Lorenz, PLLC is here to help you navigate the complexities of a product liability case, whether you need assistance determining the cause of your injury, determining liability, negotiating with insurers, or filing a lawsuit before the statute of limitations runs out.
We’re committed to treating you with compassion and professionalism from day one, so you can focus on what really matters: your health and recovery. We offer a free case evaluation to determine if you have a valid claim and who may be held responsible for your injuries and losses.
Call our Austin office at 512-477-7333 or contact us online by clicking the button below.
