Product Liability Attorneys, Austin, TX
Experienced representation for Texas clients injured by defective products
Consumers rely on manufacturers to ensure the products work. That’s because the manufacturers are in the best position to make sure their products work. Manufacturers can use sophisticated software these days to design and test their products. Vehicle parts, power tools, safety devices, home heaters, and other products should be designed properly. They should be made with quality parts. Manufacturers need to warn consumers of known defects and product recalls.
At Slack Davis Sanger, our Austin product liability lawyers are respected by clients, insurance companies, and defense lawyers for our ability to obtain large jury verdicts and strong settlements when manufacturers fail to make safety a priority. We’ve earned our reputation through dedication to our clients, our understanding of the law, attention to your injuries and how they have changed every part of your life, and our work with a network of product safety experts.
"Slack Davis Sanger represents the ultimate in professionalism combined with a true caring attitude.” - Colonel Ray Toler, Client
What are the requirements for filing a product liability claim in Austin?
Product liability cases include many types of cases. According to Texas law, product liability action encompasses:
Any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product whether the action is based in strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories.
If the basis for the product liability claim is a design defect, the burden on the claimant is to show that:
- There was a safer alternative design
- The defect was a producing cause of the personal injury, property damage, or death for which the claimant seeks recovery.
There are three common types of product liability claims in Texas:
- Strict liability. In strict liability claims, once the product defect is established, there is no need to show the manufacturer was negligent.
- In negligence cases, the manufacturer may be liable if the defect was due to the failure of the manufacturer to act reasonably – such as testing the car product at the manufacturing site and through computer simulations – before the product is placed on the road.
- Breach of Warranty. In breach of warranty claims, there’s a written contract that explains what warranties apply. A breach of any warranty can justify a product liability claim. Warranties can be expressed or implied.
What types of defects result in product liability claims?
According to Reference.com, cars, on average, have 1,800 parts. Cars are put together by a combination of individuals and robots. A normal car manufacturing site produces about 1,450 cars every day. Our Austin product liability lawyers handle all types of auto defects including blowouts, steering problems, defective fuel lines, bad brakes, and faulty electrical systems. We also represent victims when cars aren’t crashworthy, and when the seatbelts or airbags malfunction.
In addition to defective car part cases, our Austin product liability lawyers also represent victims and families when accidents are due to defective:
- Truck parts. These parts include electric systems, cargo security devices, hydraulic components, and trailer parts.
- Motorcycle parts. Some of the motorcycle parts that may not work properly include the engine, clutch, frame, and handlebars.
- Aviation parts. Products for helicopters, air ambulances, and other aircraft need to be designed properly because accidents can be catastrophic for all the passengers and their families.
- Children’s products. Children can easily suffocate on plastic bags, or if they swallow small products. Manufacturers need to be extra careful when they make strollers, car seats, children’s furniture, and clothing. Some clothing may be flammable. Car seats must comply with Texas safety laws.
- Household products. A few household products that may be dangerous include heaters, fans, microwaves, and household cleaners.
- Work equipment, machinery, and tools. Workers at construction sites, oil fields, pipelines, manufacturing sites, and many other locations may be severely injured or die when they use power tools, electronic items, toxins, or other items that are defective.
Who is liable for defective product injuries in Austin?
At Slack Davis Sanger, we file claims against all defendants who may have caused your injuries or the death of a loved one. Possible defendants in a products liability case include:
- The manufacturer of the product
- The distributor of the product
- The seller of the product
Sellers may be liable under certain conditions such as when they help with the design of the product, install the product, or actively participate in the content of any warnings or instructions.
Other defendants may include any parent companies, any intermediaries in the supply chain, maintenance companies, and repair companies.
The damage part of your product liability claim is like any personal injury claim. The liable defendants are responsible for all your economic losses (medical bills, lost income, and property damage) and your non-economic damages (pain and suffering).
How does a car recall affect a product liability lawsuit in Austin?
If a product that caused your injuries was defective, it’s usually a good bet that your accident was not the first accident involving that product. Consumers regularly notify the manufacturers about defective products. Consumers also notify federal agencies such as the National Highway Traffic Safety Administration (NHTSA) and the Consumer Product Safety Administration (CPSC). Manufacturers and agencies can also be notified of product defects when lawsuits are filed by injured users of the products.
Manufacturers have a duty to respond to known dangers. Proper responses include warning the customers of the dangers and making any necessary repairs. If a federal agency issues a recall or the manufacturer issues a voluntary recall, then the requirement to make repairs and issue warnings is essentially mandatory.
There is no requirement that a recall be issued to file an Austin product liability claim. The recall is meant to protect consumers from further accidents. A failure of a company to respond to a known recall may be grounds for seeking punitive damages.
Do you have a product liability lawyer near me?
Our Austin office is located at 6001 Bold Ruler Way, Suite 100, Austin, TX. We have additional offices in Dallas and Fort Worth and represent clients throughout Texas.
Speak with an experienced Austin product liability lawyer today
At Slack Davis Sanger, our Austin product liability lawyers have more than 200 years of combined experience fighting for personal injury victims. We are respected across Texas for our understanding of product liability laws, and our ability to show product defects caused your injuries or ended the life of a loved one. We work with your doctors to fully assess the severity of your injuries, the medical care you need, and how much your injuries have changed your life. To assert your right to compensation, please call 866-531-1657 or fill out our contact form to schedule an appointment.
Austin Office
6001 Bold Ruler Way
Suite 100
Austin, TX 78746
Main Austin Practice Areas