How Parker Law Firm Injury Lawyers Helps With a Bedford Product Liability Claim
We take on the manufacturer, its insurer, and its defense lawyers so you don’t face them alone. You should be able to expect that the products you use are safe. When one isn’t, companies often defend hard and may try to blame you. A Bedford product liability lawyer helps level the field.
When you hire us, we:
- Investigate the accident, identify the type of defect, and find who is responsible for your injuries
- Preserve the product and gather evidence of the defect
- Retain qualified engineers and other witnesses when they support your case
- Handle communication with the insurance companies and other parties
- Manage claim paperwork and deadlines
- Calculate the full extent of your damages
- Negotiate for a fair settlement and go to trial if needed
You can schedule a free consultation at our Bedford office on Plaza Parkway.
What Is Product Liability in Texas?
Product liability is the legal responsibility companies have when they design, manufacture, or sell a defective product that hurts someone. Under Chapter 82 of the Texas Civil Practice and Remedies Code, you can bring a product liability action against a manufacturer or seller for personal injury, death, or property damage caused by a defective product.
Companies in Texas can be held strictly liable for the harm their products cause. That matters because you usually don’t have to prove exactly what went wrong inside the company. Read more in our guide to Texas product liability claims.
What Are the Types of Product Defects?
A product can be defective in its design, its manufacture, or its warnings. The type of defect shapes the legal theory and the evidence needed.
- Design defect. The product is dangerous by design, so every unit carries the risk. If a reasonably safer alternative design existed, the company should have used it. Examples include a stuffed toy with glass eyes that a child can choke on, or a weedkiller made with cancer-causing chemicals.
- Manufacturing defect. Something went wrong while a single item or a batch was built or assembled. A product put together with the wrong size bolts, for example, can come apart during normal use and cause an accident.
- Marketing defect or failure to warn. The company knew or should have known about a danger but didn’t adequately warn consumers or give safe-use instructions. A prescription drug sold without disclosure of known side effects is one example.
A single product can have more than one type of defect.
Who Is Liable for a Defective Product?
Any company in the product’s chain of distribution can be responsible, depending on its role in the defect. That can include:
- The company that designed the product
- The manufacturer of the finished product
- The maker of a defective component part
- Distributors and wholesalers
- Retailers that sold the product
Many product cases also involve vehicles, such as defective auto parts that cause or worsen a car accident. We trace how the product was designed, made, and sold to name every responsible company.
How Do I Prove a Product Liability Claim?
Most product cases rely on strict liability, which puts a lighter burden on you. You generally must show:
- The product was defective when it left the company’s control
- The defect made the product unreasonably dangerous
- The defect caused your injury
You don’t have to prove the manufacturer was careless. If strict liability doesn’t fit your facts, other theories may apply, such as negligence or breach of warranty. The product itself, its packaging and instructions, purchase records, medical records, and engineering analysis are often the key evidence. That is why it’s important to keep the product and not repair or discard it.
What Compensation Can I Recover After a Defective Product Injury in Bedford?
You can recover compensation for your economic and non-economic losses, depending on the facts of your case. Economic damages cover measurable losses, and non-economic damages cover losses like pain and suffering. They can include:
- Medical expenses: present and future costs for hospital care, emergency treatment and transport, rehabilitation, therapy, medication, and medical devices
- Lost income: wages lost during treatment and recovery, plus lost earning capacity if a permanent injury keeps you from working
- Property damage: replacing the damaged or destroyed product
- Pain and suffering: physical pain, mental anguish, and emotional distress
- Disfigurement: permanent scarring or disfigurement
What Injuries Do Defective Products Cause?
Defective products can cause severe and permanent harm, including:
- Burns
- Eye injuries and hearing loss
- Back and neck injuries
- Spinal cord damage and paralysis
- Head and brain injuries
- Crushing injuries and amputations
- Catastrophic injuries
When a defective product takes a life, the family may have a claim. See our Bedford wrongful death lawyer page.
What Is the Time Limit for a Product Liability Lawsuit in Texas?
You generally have two years from your injury to file a product liability lawsuit in Texas. If a defective product caused a death, the family generally has two years from the date of death. In some cases, the deadline may be paused until the injury is discovered.
Texas also has a 15-year statute of repose that generally bars product claims brought more than 15 years after the product was sold, with limited exceptions. Talk to a lawyer early so evidence and deadlines are protected.
About Brad Parker
Bedford Product Liability FAQs
What is a product liability claim?
A product liability claim seeks compensation from a company that designed, manufactured, or sold a defective product that caused injury, death, or property damage. Under Texas law, a manufacturer or seller can be held strictly liable, which means you generally need to show the product was defective and that the defect harmed you, not that the company was careless.
Who can be held responsible for a defective product?
Responsibility can fall on the company that designed the product, the manufacturer of the product or a component part, and in some cases the distributor or retailer that sold it. Several companies can share liability. We investigate the product's design, production, and chain of sale to identify every responsible party.
What should I do with the product that hurt me?
Keep it, along with any packaging, instructions, and your receipt. Don't repair, alter, or throw it away, because the product itself is often the most important evidence. Photograph your injuries and the product, and get medical care. Then talk to a lawyer before you return the product or speak with the company's insurer.
Can I still recover if I was misusing the product?
It depends on the facts. Companies often argue that the user caused the injury. Texas modified comparative fault rules can reduce your recovery by your share of responsibility and bar recovery if your share is more than 50%. Whether a particular use was foreseeable is a key question in many cases.
How long do I have to file a product liability lawsuit in Texas?
You generally have two years from the injury to file a lawsuit, and two years from the date of death for a wrongful death claim. Texas also has a 15-year statute of repose that generally bars claims brought more than 15 years after the product was sold, with limited exceptions.
How much does a Bedford product liability lawyer cost?
We handle product liability cases on a contingency fee. You pay nothing upfront and don't owe attorney's fees unless we recover compensation for you. Our fee will never exceed your recovery, and we explain the exact terms in writing before we begin.
Visit Our Bedford Office
Parker Law Firm Injury Lawyers – Bedford Office
2317 Plaza Pkwy #100, Bedford, TX 76021
- Monday – Friday 8:00 am – 5:00 pm
- Saturday – Sunday Closed