Strict liability in Texas product liability cases can allow an injured person to seek compensation without proving that a manufacturer or seller acted negligently in every respect. Instead, the claimant generally must establish that the product was defective, the defect existed when the product left the defendant's possession, the product reached the consumer without substantial change, and the defect caused the injury or damages. The specific requirements depend on the type of defect and the circumstances of the case.
Houston is particularly significant for manufacturing, transportation, energy, and distribution, meaning consumers and workers may encounter a wide range of products every day. When a defective product causes an injury, understanding how a product liability lawyer approaches strict liability can help explain the legal issues involved.
Strict Liability Focuses on the Product Defect
A strict liability claim generally focuses on whether the product was defective and whether that defect caused the injury. The claimant does not necessarily need to prove that the manufacturer intended to cause harm.
Texas recognizes different categories of product defects, including manufacturing defects, design defects, and marketing defects. Each category involves different factual and legal considerations.
Manufacturing Defects
A manufacturing defect occurs when an individual product differs from the manufacturer's intended design.
For example, a product may be designed to operate safely but become dangerous because it was improperly assembled or manufactured. Evidence concerning the defective product, production process, inspection records, and similar products may help establish what went wrong.
Design Defects
A design defect concerns the product's underlying design rather than an isolated manufacturing error. The product may have been produced exactly according to its intended specifications but still present an unreasonable risk of harm.
Texas law requires particular proof for design defect claims. The claimant generally must establish that a safer alternative design existed and that the alternative would have prevented or significantly reduced the risk without substantially impairing the product's usefulness.
Marketing Defects
A product can also create liability when consumers are not adequately warned about known risks or are not provided with appropriate instructions for safe use.
Warnings can be especially important for products that carry risks that an ordinary consumer may not reasonably recognize. Whether a warning was adequate depends on the circumstances and the applicable legal requirements.
The Defect Must Be Connected to the Injury
Showing that a product was defective is not enough by itself. The claimant generally must establish that the defect caused the injury.
Medical records, accident reports, photographs, product testing, expert opinions, and other evidence may help establish this connection. The investigation may also consider whether the product was used in a reasonably foreseeable manner.
Evidence Can Be Critical to a Product Claim
Victims should preserve the product involved in the accident whenever possible. Altering, repairing, discarding, or modifying the product may make it more difficult to determine whether a defect existed.
Photographs, purchase records, packaging, instruction manuals, warranty information, receipts, and communications with the manufacturer or seller can also become useful evidence.
Expert Testimony May Explain Technical Defects
Product liability cases can involve complex questions about engineering, manufacturing, materials, warnings, and product safety. Expert witnesses may be needed to explain how the product was designed, how it failed, and whether a safer alternative was available.
Experts may examine the product, relevant industry standards, testing information, manufacturing records, and other technical evidence.
Multiple Parties May Be Involved
Responsibility for a defective product may involve more than one party. Depending on the circumstances, potential defendants can include manufacturers, distributors, retailers, designers, or other businesses involved in bringing the product to consumers.
Determining which parties played a role in designing, manufacturing, distributing, or selling the product can therefore be an important part of the investigation.
Texas Places Time Limits on Product Liability Claims
Product liability claims are subject to statutes of limitation and other legal deadlines. Texas also has a statute of repose that can limit certain product liability actions based on the age of the product.
Because these rules can be complicated and exceptions may apply, injured consumers should avoid assuming they have unlimited time to pursue a claim.
Key Takeaways
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Strict liability claims focus on whether a defective product caused an injury.
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Product defects may involve manufacturing, design, or inadequate warnings.
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Claimants generally must prove that the defect caused their injuries.
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Preserving the defective product and related evidence can be important.
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Multiple parties may potentially be responsible, and legal deadlines can affect a claim.
