Victims should talk to a Dallas personal injury attorney who specializes in product liability lawsuits to help them build a case showing that the product was unsafe or faulty. In the meantime, read on to learn more about the legal implications of defective products throughout Texas.
What is Texas Law on Product Liability?
According to Texas law, products are made to be used. A customer is relying on the thing they buy to do what it’s supposed to, last as long as it says it will, and not harm them in any way. However, a handful of retailers and manufacturers put profit above customer safety.
The federal government does not regulate product liability, so knowing the laws of your state is essential. Sellers and manufacturers in Texas are held legally responsible under the state’s product liability legislation for injuries and losses suffered by customers due to faulty goods.
Furthermore, state law stipulates that the obligation due to the customer extends further than the provision of monetary damages for injuries sustained as a result of a defect. It is the responsibility of the seller/manufacturer to advise the buyer of the product’s proper usage, how to handle it safely, and any risks associated with the product’s improper use or abuse.
Put simply, a product liability action is any lawsuit filed against a retailer or manufacturer to recoup financial losses caused by a faulty product. Consumers may suffer damages such as:
- Physical injuries or death
- Loss of use, deterioration of, or damage to real or personal property
- Financial impacts
- Any other forms of equitable redress
Parties Involved in Product Liability Cases
There are a few other key concepts to remember while thinking about Texas product liability law, as defined by the Texas Civil Practice and Remedies Code, like the parties involved in a potential claim.
- Claimant: A plaintiff, claimant, or “party seeking relief” is someone who is suing for damages caused by a faulty product. The claimant is often a customer or consumer of the product in question.
- Respondent: A defendant or respondent is generally the entity or company responsible for putting a commodity into “the stream of commerce for use or consumption” and is also known as the “seller.”
- Manufacturer: This is the designer, formulator, constructor, rebuilder, fabricator, producer, compounder, processor, or assembler. Quite simply, this is the creator or creators of a defective product.
When is a Manufacturer Liable For a Defective Product?
If a Texas vendor was not involved in making an unsafe product, they are not liable under state law if it injures someone.
A “seller that did not manufacture a product is not liable for harm caused to the claimant by that product” unless the seller can show the following, as stated under Texas’s statute covering product liability:
- The seller or vendor had a hand in developing the product or made a modification to the product that contributed to the claimant’s injuries.
- The seller installed the item onto another product, and the claimant was injured as a result, or the seller had substantial control over the content of a warning or instruction that accompanied the product.
- The seller misrepresented an aspect of the product, and the claimant relied upon this misrepresentation to their detriment.
- The seller was aware of the defective nature of the goods at the time it was sold to the plaintiff, and the plaintiff suffered as a result of this defect.
- The manufacturer is either bankrupt or outside of the court’s jurisdiction, which the claimant may prove.
That said, a Texas federal court case on product liability was recently decided and could be a game change: the court ruled that a faulty product may be used to sue the vendor. Amazon, Inc., the vendor and third-party seller in this case, was found liable under Texas product liability law for injuries caused by a faulty product Apple product sold on their platform, according to a ruling by the U.S. District Court for the Southern District of Texas. Because the goods were sold via Amazon’s Fulfillment by Amazon (FBA) service, the court ruled that Amazon may be deemed a “seller” in the case.
Essentially, the court decided that Amazon was substantially involved in the sale of the remote since the e-commerce giant warehoused the items, packed the remote, and was responsible for shipping and delivery to the claimant. The remote’s battery had fallen out, and the plaintiff’s small child had choked on it, causing severe injury to the child’s esophagus.
How Are Products Considered Defective?
A product liability lawsuit can be filed over any item that injures a customer but does not have a warning label. Other scenarios for these claims include:
- Some type of defect caused by production
- Inadequate or missing safety instructions
- A flaw in the design of the product
Medications, car parts, yard or home improvement tools, toys, and medical products or supplies are often the focus of product liability lawsuits.
However, if you’re unsure about liability for your potential claim, working with a seasoned Dallas product liability attorney is important. A qualified lawyer can establish a link between the seller’s conduct or actions and the injury caused, which is crucial to a successful claim against the sale of a faulty product.
Contact a Dallas Personal Injury Lawyer For Product Liability
Over the course of our nearly three decades in practice, our team at the Rasansky | McKenzie Law has handled hundreds of personal injury cases in the Dallas-Fort Worth area.
We pledge to serve you and your loved ones with the utmost care and consideration. If you’ve been affected by a defective product and want to learn more about your legal options in the aftermath, our Dallas product liability lawyers are ready to fight for you and yours. Our skilled, experienced attorneys are committed to fighting for the rights of victims, and we take great pride in successfully advocating on their behalf.