Common causes
Each accident is different. A careful review can show how the injury happened and who may be responsible. Common causes include:
- Unsafe product design
- Mistakes during manufacturing
- Missing or unclear safety warnings
- Unsafe parts or later repairs
Evidence that may help
Evidence can be lost or changed. Photos, video, records, and witness details should be saved as soon as it is safe to do so.
- The product in its current state
- Model, serial number, and receipt
- Manuals, warnings, and packaging
- Photos, video, and repair history
Design, manufacturing, and warning defects
A product claim should identify the alleged defect with care. A manufacturing defect asks whether the specific unit departed from its intended design. A design-defect claim generally requires proof of a safer alternative design that was economically and technologically feasible and would have reduced or avoided the risk without substantially impairing the product's utility.
A marketing-defect claim may focus on inadequate warnings or instructions. Texas Chapter 82 also addresses indemnity, seller liability, and presumptions in some cases. The product should be preserved without destructive testing until the parties can agree on an inspection protocol or a court sets one.
Many Texas injury lawsuits must be filed within two years. Some claims have shorter notice rules or different deadlines. A claim against a city or other government body may require fast written notice. It is wise to have the deadline checked early.
What may be recovered?
A defective product claim may include medical costs, lost income, pain, burns, scars, amputation, property damage, and other proven harm.