When Can a Manufacturer Be Held Liable for Defective Products in Texas?

Defective products can cause serious harm to consumers, and when that happens, those responsible for the design, production, and distribution of these products may be held liable. In Texas, product liability laws are designed to protect consumers and hold manufacturers accountable when their products cause injuries or damages.

Understanding when a manufacturer can be held liable for defective products is crucial for consumers seeking justice and compensation for their losses. If you or a loved one has been harmed by a defective product, a Dallas product liability lawyer from Sellers Law Firm is here to help you explore your legal options and seek justice. Call us today at (817) 928-4222 for a free consultation.

What is the law on defective products in Texas?

Texas has specific laws that govern defective products and the liability of manufacturers and sellers. One of the key statutes is the Texas Civil Practice and Remedies Code Chapter 82, which outlines the legal framework for product liability claims in the state. This law provides guidance on when manufacturers and sellers can be held liable for injuries or damages caused by defective products.

Some important points from Chapter 82 include:

Manufacturer’s duty to indemnify: Manufacturers must indemnify sellers for losses in products liability actions unless the seller is independently at fault (e.g., modifying the product). Sellers must notify manufacturers of claims, and can recover legal costs if they have to enforce indemnification.
Liability of non-manufacturing sellers: Sellers who didn’t manufacture a product are generally not liable unless they were involved in product design, modified the product, provided inadequate warnings, made incorrect representations, knew of a defect, or the manufacturer is insolvent or out of jurisdiction.
Inherently unsafe products: Manufacturers or sellers are not liable for injuries caused by products that are inherently unsafe and commonly known to be dangerous, like alcohol, tobacco, or oysters.
Design defects: In design defect cases, the claimant must prove there was a safer alternative design, and that the defect caused the harm. Safer designs must have been feasible when the product was made.
Firearms and ammunition: In cases involving design defects in firearms or ammunition, claimants must prove the design was defective and caused the injury, but can’t argue based on risk-benefit analysis of the product.
Medicines: There’s a rebuttable presumption of no liability for pharmaceutical companies if they complied with FDA-approved warnings, but this can be rebutted if the company withheld or misrepresented information, or promoted unapproved uses.
Compliance with government standards: Often, manufacturers and sellers are presumed not liable if their product complied with federal safety standards, unless rebutted.

There are a number of protections in the statutory language for sellers and manufacturers, but it also gives product liability attorneys guidelines on how to prove a product is defective.

How do you prove a product is defective?

Proving a product is defective in Texas product liability cases requires evidence demonstrating that the product had a defect and that the defect caused harm. The burden of proof lies with the injured party, who must establish that the product was defective in one of three ways: design defects, manufacturing defects, and marketing defects (also known as failure to warn).

Design defect: Proving a design defect involves showing that the product’s design is inherently flawed, making it dangerous even when used as intended. Courts may apply a “risk-utility” test, weighing the product’s risks against its utility to determine whether a safer alternative design was feasible.
Manufacturing defect: In cases involving manufacturing defects, the plaintiff must show that the product deviated from its intended design during production, rendering it dangerous. Evidence may include expert testimony, production records, or inspection reports.
Marketing defect: Proving a marketing defect involves showing that the manufacturer or seller failed to provide adequate warnings or instructions about the product’s risks. The plaintiff must demonstrate that the lack of proper warnings led to their injuries (Continue reading about deceptive marketing practices in healthcare fraud cases).

Texas law follows the doctrine of strict liability in many product liability cases, meaning that injured consumers do not need to prove that the manufacturer was negligent. Instead, they must show that the product was defective and that the defect caused their injuries. Chapter 82 also contains provisions regarding indemnity, where a manufacturer may be required to indemnify (compensate) a seller or distributor for any damages awarded in a product liability lawsuit, provided that the seller did not cause the defect.

Overall, Texas law provides strong protections for consumers harmed by defective products, ensuring that manufacturers and sellers are held accountable for the safety of the products they introduce to the market.

Who is liable if a product is defective?

In Texas, liability for defective products can extend to multiple parties involved in the production and distribution chain. This includes the manufacturer, the distributor, and the seller of the product. The primary focus in most product liability cases is the manufacturer, as they are typically responsible for the product’s design, production, and quality control.

When are manufacturers liable for defective products?

Manufacturers can be held liable when their products contain defects that make them unreasonably dangerous to consumers. This liability can arise in cases involving design defects, manufacturing defects, or marketing defects. For example, if a manufacturer fails to test their products adequately and a defect goes undetected, leading to injuries, they can be held responsible for the damages caused.

Strict liability applies to many product liability cases in Texas, meaning that it is sufficient to demonstrate that the product was defective and that the defect caused harm, and that negligence not be proved. However, manufacturers may raise certain defenses in response to a product liability claim, such as arguing that the product was misused by the consumer or that the consumer was aware of the potential risks associated with the product.

Distributors and sellers may also be held liable for defective products under certain circumstances, especially if they were aware of the defect or played a role in introducing the defect into the product. In cases where the manufacturer is out of reach — such as when a foreign company produced the product — Texas law allows consumers to pursue claims against sellers and distributors more directly.

What qualifies as a manufacturing defect?

A manufacturing defect happens when a product is made incorrectly, making it unsafe for the consumer. The problem isn’t with the design but with a mistake during production. This defect can happen at any point, from assembly to packaging.

For example, a toy designed with non-toxic materials could still become dangerous if toxic chemicals were mistakenly used in one batch during the manufacturing process. Similarly, an automobile designed with a safe braking system may pose a hazard if, during production, faulty brake pads were installed in some vehicles. These defects make the product unfit for its intended use and dangerous to consumers, potentially causing minor or catastrophic injuries, property damage, or even death.

Learn more about the truck accident liability laws in Texas

Pursuing legal actions for manufacturing defects

Consumers injured by products with manufacturing defects have the right to pursue legal action against the manufacturer. In these cases, proving that the defect existed at the time the product left the manufacturer’s control is essential. Furthermore, injured parties must demonstrate that the defect directly caused their injuries.

In Texas, manufacturing defects fall under product liability laws, and consumers may be entitled to compensation for punitive damages, including medical expenses, lost wages, and pain and suffering.

In all cases, it is crucial to show that the defect existed at the time the product left the manufacturer’s control and that the defect directly caused the injuries or damages. This may involve expert testimony, documentation of the injuries, and evidence that the product was used as intended.

Were you harmed by a defective product? Get justice with Sellers Law Firm.

If you have been injured or suffered damages due to defective products, you have the right to seek justice and compensation for your losses. However, product liability cases can be complex, requiring detailed evidence and expert testimony to prove the existence of a defect and the harm it caused.

At Sellers Law Firm, we have extensive experience handling product liability cases in Texas. We understand Texas liability laws thoroughly and are committed to helping you through the legal process and seek the compensation you deserve. Whether you were harmed by a defective automobile, a dangerous household product, or faulty medical equipment, our team is here to fight for your rights.

Contact Sellers Law Firm today at (817) 928-4222 to schedule a free consultation and learn more about your legal options. We will work with you every step of the way to build a strong case and help you recover compensation for your medical bills, lost wages, pain and suffering, and other damages.

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