Product Liability Lawyer in West Texas

We trust that the products we buy and use every day are safe. When a vehicle part fails, a medical device malfunctions, a medication causes unexpected harm or a children's product is hazardous, the results can be devastating. If a defective or dangerous product injured you or a family member, the Daspit Law Firm can help you hold the responsible company accountable.

What Is Product Liability?

Product liability law allows people injured by a defective product to seek compensation from the companies that made or sold it. In Texas, claims generally fall into three categories:

•       Design defect: the product's design is unreasonably dangerous, and a safer alternative design was available

•       Manufacturing defect: the product was made incorrectly and differs from its intended design

•       Marketing defect (failure to warn): the product lacked adequate instructions or warnings about known risks

Claims may be brought against manufacturers, component makers, distributors and, in some cases, retailers.

Types of Product Liability Cases

•       Defective vehicle parts, tires and airbags

•       Dangerous children's products

•       Contaminated or unsafe food products

•       Defective medical devices, including transvaginal mesh

•       Dangerous drugs and medications, see medical and pharmaceutical injuries

•       Hazardous building materials and toxic products, see asbestos and mesothelioma and chemical exposure

•       Defective industrial and farm machinery, see tractor accidents

•       Child safety hazards such as window blind cord strangulation

Do I Have to Use the Product Correctly to Have a Claim?

You do not have to be using a product perfectly to have a claim. Manufacturers must consider reasonably foreseeable uses, including some misuse. Whether a product was used in a way the manufacturer could have anticipated is a question we look at carefully with every client.

What Compensation Can You Recover?

•       Medical expenses, now and in the future

•       Lost wages and lost earning capacity

•       Pain and suffering and mental anguish

•       Physical impairment and disfigurement

•       Exemplary damages if the company acted with gross negligence

•       Wrongful death damages for families

How the Daspit Law Firm Handles Product Liability Cases

These cases require technical proof. We work with engineers, medical experts and other specialists, and we ask you to preserve the product and its packaging as evidence. We offer free consultations and are available 24/7. 

Frequently Asked Questions About Product Liability

What do I need to prove in a product liability case?

You generally need to show that the product was defective, that the defect made it unreasonably dangerous, and that the defect caused your injury.

Should I keep the product?

Yes. Do not repair, modify, return or throw it away. Keep the packaging, instructions, receipts and photographs.

Can I sue if I did not read the warnings?

Possibly. It depends on the product, how it was used and whether the warnings were adequate. A lawyer can review your situation.

Who can I sue?

Manufacturers, distributors and sometimes retailers. Texas law has special rules about when a seller that did not make the product can be responsible.

What is the deadline to file?

Generally two years from the injury. Texas also has a statute of repose that limits claims for products sold many years ago, so speak with a lawyer quickly.

Can several people be harmed by the same product?

Yes. When many people are harmed by the same product, cases may be joined in a class action or national litigation. See our class action page.