Houston Product Liability Attorney For Defective Product Injuries
A blender that sparks. A car seat that fails. A medication with a warning you never saw. If a product hurts you or someone you love, you likely have legal questions and wonder who caused your injuries and if you can seek compensation.
I am Rafael Quesada, a Houston product liability attorney at RQ Law Group. As a former insurance defense lawyer, I know how insurers review injury claims and I can explain where you stand under Texas law.
What Is Product Liability In Texas?
Product liability covers the legal responsibility of manufacturers, designers and sellers when a defective product causes personal injury, property damage or wrongful death. The Texas Products Liability Act provides the main rules for these claims. Texas generally applies a strict liability standard, so you do not have to prove that a company acted carelessly or intended to cause harm.
Instead, you generally need to establish that the defect existed before the product left the manufacturer’s or seller’s possession and that the defect caused your injury or other loss. Texas recognizes three main types of product defects:
- Manufacturing defects: The product was made or assembled incorrectly, making it unsafe.
- Design defects: The product was unsafe by design, even when made correctly.
- Marketing defects: The product lacked adequate warnings, labels or safety instructions.
A defective product lawsuit in Texas often starts with the product itself, available purchase documentation and medical records. Preserving these items can help support your claim.
Can I Sue the Store Or The Manufacturer For A Defective Product?
Yes. In Texas, you may sue both the manufacturer and retail store after a defective product causes injury. The manufacturer is usually the main party because it designed or made the product. You generally must show that the product had a design, manufacturing or marketing defect and that the defect caused your injury.
Plaintiffs may also name retailers in a product liability claim, but Texas innocent seller law limits their liability. Texas generally protects a store that simply sells a product as received, unless the store helped create the defect, altered or repackaged the product or made a false factual warranty or unless the manufacturer is insolvent or falls outside Texas court jurisdiction.
What Is The Deadline For Filing A Texas Product Liability Claim?
In Texas, a two-year statute of limitations generally governs product liability lawsuits, running from the date the injury occurs or is reasonably discovered, subject to applicable exceptions. Separately, a 15-year statute of repose generally runs from the date the manufacturer or seller first sold the product and can bar a claim even if the victim discovers the injury later.
For injured children, Texas law generally pauses the two-year deadline until they reach age 18, typically giving them until their 20th birthday to file.
Consult A Houston Product Liability Lawyer About Your Claim
As a Houston product liability attorney, I meet with every client directly instead of handing your file to assistants. I can review your product, medical records and recall notices, identify who may be responsible and explain your legal options clearly. I offer Spanish-speaking representation and serve Houston, Harris County and Fort Bend County. Call RQ Law Group at 832-390-4537 or send a message through the contact form page.