Texas Dangerous Products Lawyer
Most states, including Texas, have adopted laws that place strict liability on manufacturers, distributors, and sellers of products that cause injury, death, or property damage to buyers or users. Defective or dangerous products claims, known as products liability lawsuits, generally involve defects in the manufacturing process, a design flaw, or defective marketing.
Defects in the manufacturing process include items such as metallurgical flaws or inadequate welds.
To be successful, the plaintiff must prove that the manufacturing defect existed when the product left the defendant's control and that it rendered the product "unreasonably dangerous."
Examples of design defects include failures to guard moving parts of a machine, toys that present a choking hazard to small children, or electrical products that overheat during normal use.
Under dangerous products law, the plaintiff must prove, in part, that the product was "unreasonably dangerous" because of a design characteristic, and that a feasible "safer alternative design" existed at the time the product was manufactured.
Defective marketing cases primarily involve improper labeling and the failure to provide adequate warnings or instructions. Examples include drugs and medical devices that are not accompanied by adequate warnings of their health risks.
Under Texas law, an adequate warning must be "given in a form that could reasonably be expected to catch the attention of a reasonably prudent person in the circumstances of the product's use; and the content of the warnings and instructions must be comprehensible to the average user and must convey a fair indication of the nature and extent of the danger and how to avoid it to the mind of a reasonably person."
If you believe your injury from a consumer product, piece of industrial equipment, car part, or other product was caused by a product defect, contact the Houston law firm of Hampton & King to schedule a no-cost consultation about your potential claim.
Houston trial lawyer Hartley Hampton has 35 years of experience helping people recover compensation for serious injuries resulting from the use of dangerous products. Hampton & King, works strictly on a contingent-fee basis and advances all of the investigation, case development, and court costs. Those expenses, plus our fee, are deducted from the ultimate recovery. If we are not successful, we absorb all costs and charge no fee.
Although the plaintiff need not prove the manufacturer, distributor, or retailer was negligent in order to establish their liability for a dangerous product, the plaintiff's own fault can serve as a defense. If the plaintiff is more than 50% negligent, he or she is barred from recovery in most cases. Also, it is not necessary for there to have been a product recall for you to have a claim.
If you think you may have a legitimate product liability injury claim, talk to an attorney with significant experience in the area of Texas products liability law. At Hampton & King, we will provide a complete, honest appraisal of your claim. Contact our Houston law offices to schedule a no-cost consultation.