How Parker Law Firm Injury Lawyers Helps With a Product Liability Claim in Fort Worth
We investigate the product, identify the companies responsible, and take on the manufacturer and its insurer so you can focus on recovering. When you buy a product, you expect it to be safe when used as intended. Companies that put defective products on the market can be held responsible, but they have the resources to fight claims.
When you hire us, our attorneys will:
- Investigate how the injury happened and identify every company that placed the product on the market
- Preserve the product and gather evidence of the defect
- Work with engineers and other experts to prove the defect caused your injury
- Document your damages with help from your doctors
- Negotiate with the companies and their insurers
- File a product liability lawsuit and take the case to trial if needed
Brad Parker has been Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 1997. We work on a contingency fee, so you don’t owe attorney’s fees unless we recover compensation for you. Our Fort Worth personal injury attorneys serve all of Fort Worth and Tarrant County.
Types of Defective Product Cases We Handle
Any product can cause serious harm if it is defective. We handle product injury cases involving:
- Medical devices and equipment
- Prescription and over-the-counter drugs
- Child car seats
- Children’s toys and furniture
- Household appliances and electronics
- Construction equipment and power tools
- Vape pens and e-cigarettes
- Personal care products
- Hazardous substances
- Vehicle parts, including airbags and tires
What Makes a Product Defective in Texas?
A product is defective if its design, its manufacturing, or its warnings made it unreasonably dangerous. There are three main types of defects.
Design defects. The product is dangerous even when it is built exactly as designed. You generally must show that a safer alternative design existed and that it was reasonable for the company to use it.
Manufacturing defects. The design is safe, but something went wrong when the product was made. Causes include inferior materials, faulty assembly, contamination, changes from the original design, and missing components. A manufacturing defect may affect every unit or only certain batches.
Marketing defects (failure to warn). Some products carry risks even when made correctly. Manufacturers must give adequate warnings and instructions. If they don’t, and someone is hurt by a risk they weren’t warned about, the company can be held liable.
How Do I Prove a Product Liability Claim?
You must show that the product was defective and that the defect caused your injury. Many product liability claims are based on strict liability, which means you don’t need to prove the company intended harm or was careless.
Some claims are also based on negligence. For those, you must show the company owed you a duty of care, breached that duty, and caused your injury and damages.
Evidence matters. Keep the product, its packaging, instructions, and receipt. Don’t repair it or return it to the company. We handle the investigation, including hiring expert witnesses to test the product and explain the defect.
Injuries Caused by Defective Products
Defective products can cause permanent, life-changing injuries. Our clients’ cases often involve:
- Severe burns and electrical injuries
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Nerve damage
- Broken bones
- Internal organ damage
- Amputation and loss of limbs
- Disfigurement and scarring
When a defective product takes a life, we represent families in wrongful death claims.
What Is My Fort Worth Product Liability Case Worth?
The value depends on how serious your injuries are and how they affect your life. You can seek economic damages (past and future medical bills, rehabilitation, lost income, diminished earning capacity, out-of-pocket costs) and non-economic damages (physical pain, mental anguish, impairment, disfigurement, and loss of enjoyment of life).
Manufacturers and their insurers often argue that you misused the product or that your injuries aren’t as serious as you say. Talk to a lawyer before you accept a settlement offer.
What if I’m being blamed? Texas uses modified comparative negligence. If you are 50% or less at fault, your compensation is reduced by your share. At 51% or more, you recover nothing.
How Long Do I Have to File a Product Liability Claim in Texas?
You generally have two years from the date of the injury to file a lawsuit. Texas also has a statute of repose that generally requires product liability claims to be brought within 15 years of the product’s sale. Exceptions exist, so talk to a lawyer early.
About Brad Parker
Fort Worth Product Liability FAQs
What is a product liability claim in Texas?
A product liability claim holds the companies that design, make, or sell a product responsible when a defect in that product causes injury. Claims can involve a dangerous design, a mistake in manufacturing, or missing or inadequate warnings. Many of these claims are based on strict liability, which means you don't have to prove the company was careless, only that the product was defective and caused your injury.
Who can be held liable for a defective product?
Depending on the facts, responsibility can fall on the product's designer, the manufacturer, the maker of a defective component, a distributor, or a retailer. Identifying every company in the chain of distribution is an important early step, because it affects who can be sued and how much insurance coverage may be available.
What should I do if a product injured me?
Get medical care first. Then keep the product, its parts, packaging, instructions, and receipt, and don't try to repair it or send it back to the company. Take photos of the product and your injuries, write down how the injury happened, and talk to a lawyer before speaking with the manufacturer or its insurer.
Can I recover compensation if the company says I misused the product?
Possibly. Manufacturers often argue that the injured person misused the product or ignored warnings. Under Texas modified comparative negligence law, you lose the right to compensation once your share of fault reaches 51%. If you are 50% or less at fault, your compensation is reduced by your percentage of fault.
How long do I have to file a product liability lawsuit in Texas?
You generally have two years from the date of the injury to file a personal injury lawsuit in Texas. Texas also has a statute of repose that generally requires product liability claims to be brought within 15 years of the product's sale, with limited exceptions. Because these deadlines can interact, talk to a lawyer as soon as possible.
How much does a 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 Fort Worth Office
Parker Law Firm Injury Lawyers – Fort Worth Office
209 N Hampton St, Fort Worth, TX 76102
- Monday – Friday 8:00 am – 5:00 pm
- Saturday – Sunday Closed