Galveston Product Liability Lawyer | Defective Products

Holding Manufacturers Accountable for Defective Products in Galveston

Products are supposed to be safe when you use them the way they were intended. When a defective tire, appliance, tool, battery or medical device causes serious injury, Texas law gives you the right to seek compensation from the companies that put it into the market. The Daspit Law Firm represents injured people and families in Galveston Island, Galveston County and across Texas in product liability claims.

Your first consultation is free, and we work on a contingency fee, so there is no fee unless we win. Call (281) 748-2044 any time, day or night.

Common Defective Product Cases We Review

Product injuries happen at home, on the road, on the water and on the job. In the Galveston area, we often hear about:

•      Defective auto parts such as airbags, tires, brakes and seat belts that fail in crashes on I-45 or the Causeway

•      Portable generators and space heaters used during storm season and power outages

•      Lithium-ion batteries in e-bikes, scooters, phones and power tools that overheat or catch fire

•      Boat parts, fuel systems and marine equipment

•      Industrial machinery and tools without proper guards, used at plants and the Port of Galveston

•      Children's products, furniture that tips over and window blind cords

•      Dangerous drugs and medical devices

Three Types of Product Defects

Most claims fall into one or more of these categories.

Design Defects

A design defect affects every unit of a product because the plan itself is unsafe. Under Tex. Civ. Prac. & Rem. Code §82.005, an injured person generally must show that a safer alternative design existed that would have prevented or significantly reduced the risk of injury without substantially hurting the product's usefulness, and that it was economically and technologically feasible when the product left the manufacturer.

Manufacturing Defects

A manufacturing defect happens when a specific unit departs from the manufacturer's own design or specifications, such as a cracked weld, a contaminated batch or a missing part. The rest of the product line may be fine, but the unit that hurt you was not.

Marketing and Warning Defects

A product can be dangerous when it lacks adequate warnings or instructions about risks the company knew or should have known about. A missing warning about carbon monoxide, overheating or a pinch point can turn an ordinary product into a hazard.

Who Can Be Held Responsible

Texas product claims are governed by Chapter 82 of the Civil Practice and Remedies Code. Depending on the facts, responsible parties may include:

•      The manufacturer of the finished product

•      The maker of a defective component part

•      A distributor or retailer, in limited situations

Texas generally protects sellers who did not make the product. Under §82.003, a non-manufacturing seller is usually liable only in specific situations, for example if it helped design the product, altered or modified it, installed it, made an incorrect factual statement about it, knew of the defect, or if the manufacturer cannot be brought into a Texas court. Identifying every company in the chain of distribution early helps protect your claim.

Texas Laws That Shape Product Liability Claims

Several rules can affect how a case is valued and whether it can proceed:

•      Statute of limitations: Most product injury claims must be filed within two years under §16.003.

•      Statute of repose: Section 16.012 generally bars claims filed more than 15 years after the product was first sold, with limited exceptions, including some cases involving latent disease.

•      Federal safety standards: Under §82.008, a manufacturer is generally presumed not liable for injuries caused by a product's design, formulation or labeling if it complied with mandatory federal safety standards that governed the risk, though this presumption can be rebutted.

•      Proportionate responsibility: Under Chapter 33, any misuse or fault assigned to you reduces your recovery, and you cannot recover if you are more than 50% at fault.

This is general information, not legal advice. Each case turns on its own facts.

Damages in a Defective Product Case

If a claim succeeds, compensation may cover:

•      Medical expenses, both past and future

•      Lost wages and reduced earning capacity

•      Pain, mental anguish and physical impairment

•      Disfigurement and scarring, including burns

•      Property damage caused by the product

When a defect leads to life-altering harm, see our page on catastrophic injury claims in Galveston. In rare cases involving gross negligence, exemplary damages may be available with clear and convincing evidence.

What to Do After a Product Injury

The product itself is often the most important evidence in the case. To protect your rights:

•      Keep the product and all of its parts, and do not try to repair it

•      Save packaging, manuals, receipts and serial numbers

•      Photograph the product, your injuries and where it happened

•      Get medical care and keep copies of your records

•      Check for recalls on SaferProducts.gov, run by the U.S. Consumer Product Safety Commission

•      Avoid sending the product back to the manufacturer or its insurer before speaking with a lawyer

How The Daspit Law Firm Handles Product Cases

Product cases often require engineers, testing and a careful look at company records. Our founding attorney, John Daspit, worked as an insurance defense lawyer before representing injured people, so he knows how manufacturers and their insurers build a defense. He has also worked on complex litigation tied to the BP Texas City refinery explosion.

We take product cases on a contingency fee, offer free consultations 24/7, and can meet you at home or in the hospital. Our team speaks English and Spanish. When a single defect harms many people, we can also review whether a class action lawsuit makes sense.

Talk to a Galveston Product Liability Lawyer Today

Evidence can disappear quickly once a product is thrown away or returned. Call (281) 748-2044 or schedule a free case review so we can start protecting your claim.

Frequently Asked Questions

Do I have to prove the manufacturer was careless?

Not always. Texas recognizes strict product liability, which focuses on whether the product was defective and unreasonably dangerous, not whether the company was careless. You still must prove the defect existed and caused your injury. Negligence and warranty claims may also be available depending on the facts.

Can I sue the store where I bought the product?

Sometimes. Under Texas law, a seller that did not make the product is usually protected unless it helped design it, changed it, installed it, made a false statement about it, knew about the defect, or the manufacturer cannot be brought into a Texas court. We look at every company in the chain.

What if I was using the product wrong when I got hurt?

Misuse can reduce or bar a claim, but it is not automatic. If the misuse was foreseeable and the company could have warned against it or designed around it, you may still have a case. Under Texas proportionate responsibility, your recovery is reduced by your share of fault and barred above 50%.

How long do I have to file a product liability claim in Texas?

Generally two years from the date of injury. Texas also has a 15-year statute of repose that can bar claims for older products, with limited exceptions. Because these deadlines can be strict, it is wise to speak with a lawyer as soon as possible.

Does a recall mean I automatically have a case?

No. A recall can be strong evidence that a defect existed, but you still must show the recalled defect caused your injury. Many valid claims also involve products that were never recalled. Keep the product and your records, and we will review the details for free.