With the frequency that manufacturers and companies release new products, it is no wonder that product defects are not a rare occurrence. Whether it is medication which is recalled due to unforeseen side-effects or an automobile with faulty brakes, companies can and do make manufacturing mistakes.
If these mistakes cause you or a loved one harm, you may be entitled to recover damage for your injuries. If you were injured after using a product that was later recalled or which you believe is defective, consult with an attorney immediately to begin a timely product liability suit to receive compensation for your subsequent expenses.
Attorney for Product Liability in The Woodlands, Texas
Taking on a large manufacturer is no easy feat even especially without the help of an experienced personal injury. At Horak Law you can seek the assistance of an experienced personal injury lawyer with experience representing clients like you in product liability suits.
Attorney Matt Horak has years of experience successfully recovering damages for those injured by defective products and other product liability related injuries. At Horak Law, we believe that you should not be made to suffer for the mistakes of a manufacturer or large corporation. Let us help you get the compensation you deserve.
If you live in Montgomery County or a surrounding county including Harris, Liberty, Walker, or Waller, call Horak Law at (713) 225-8000 to discuss a plan of action. With our office conveniently located minutes from I-45, we also accept clients in the neighboring areas of Spring, Houston, Conroe, and Shenandoah.
Product Liability Defined under §82.001
Texas Civil Practice and Remedies Code §82.001 defines product liability claims as any action against a seller or manufacturer aimed at recovering damages due to death, personal injury, or property damage caused by a defective product.
This action may be based on strict product liability, strict tort liability, breach of implied or express warranty, misrepresentation, negligence, or another other theory or combination thereof.
This statute will not apply to products which are deemed inherently unsafe or those intended for personal consumption. Some of these items include the following products include the following:
Inherently dangerous products
- Power tools
- Drain cleaner
- Cutting implements
Products intended for personal consumption
Burden of Proof for Claimants Alleging Design Defects
In order to successfully allege a design defect, the claimant must prove the following by a preponderance of the evidence:
- The defect caused property damage, personal injury, or the death for which the claimant is seeking recovery; and
- A safer alternative design was available.
In the case of a harmful medicine or medication, the claimant has a slightly different burden of proof. The claimant must prove that the manufacturer’s failure to provide adequate information or warnings caused the injury to the claimant.
There is a rebuttable presumption that the defendant (manufacturer, distributor, health care provider, or prescriber) are not liable for allegations involving failure to provide information or adequate warning if the following applies:
- The warnings given were developed by the United States FDA for pharmaceutical products which can be distributed without an approved new drug application;
- The information or warnings provided with the product during distribution were approved by the United States FDA for a product approved under the Public Health Service Act or the Federal Food, Drug, and Cosmetic Act.
These presumptions are rebuttable by a showing that the federal regulations were inadequate to protect the public from injury, or the manufacturer misrepresented material information relevant to the federal agency’s determination of safety standards.
Electronic Code of Federal Regulations- Visit the Consumer Protection Commission website for more information on federal regulations on product safety. This website provides guidelines on protecting consumers from defective products. Also, find a comprehensive list of banned products.
Find a Lawyer for Product Liability Suits in Montgomery County, Texas
Manufacturers distribute thousands of products every year which are accessible to millions of people throughout this country. These manufacturers have should take the necessary steps to ensure that their products are indeed safe for their intended use. When the proper safety precautions are not taken, someone should be held accountable.
Were you recently injured due to a product defect in Montgomery County, Liberty County, Waller County, Walker County, or Harris County and are now seeking compensation for related expenses, call Horak Law at (713) 225-8000 to schedule a no-obligation consultation with a product liability attorney.
Located in the heart of The Woodlands, we also accept clients from surrounding cities including Houston, Conroe, Shenandoah, and Spring.
This article was last updated on February 1, 2017.