Product Liability/Defective Product Claims 101


Posted over 5 years ago. Applies to Texas, 4 helpful votes



What is a defective product or products liability claim?

It is a claim based on one of the following theories: (1) product was defectively designed; (2) a product was defectively made; or (3) there was a failure to warn of dangers associated with the product's expected and normal use. Showing a product is defective usually requires expert testimony in areas such as medicine, engineering, and science.


Must I prove anything else besides showing the product is defective?

Yes. To prevail on this claim one must show the defective product was the cause of one's injury and the injured person sustained compensatory damages such as medical bills, lost wages, disfigurement, pain, and impairment.


If a person is killed by a defective product, can a claim still be asserted?

Yes. The defective products claim could be asserted as a wrongful death and survival claim.


What should I do if I suspect I or someone was harmed by a defective product?

You should contact an attorney immediately. You should also save the defective product, including any packaging and operating instructions. If injured, you should get immediate medical attention and follow your doctor's instructions. You should also take pictures of your injuries and the defective product and get the names, addresses, and telephone numbers of any witnesses. You should also document in writing you non-visual injuries such as pain and impairment. Finally, you should contact the Consumer Product Safety Commission at 800-638-2772 .


Who can be liable for a defective product?

Almost any business can be liable for a defective product including: manufacturers of products, manufacturers of component parts used in a product, advertisers of products, designers of products, sellers/retailers of products, and distributors of products.


What does strict liability mean and how does it affect a defective product claim?

Strict liability means no matter how careful a company has been regarding its product, it can still be responsible for the product causing injuries during its normal use if the products normal use is dangerous.


What are some examples of products that may be defective?

Examples include: toys, food, drugs, recreational vehicles, industrial equipment, power tools, cars, trucks, tires, seat belts, airbags, child products, farm equipment, boats, and lawn equipment.

Additional Resources

Consumer Product Safety Commission

Consumers Union

National Safety Council

Food and Drug Administration

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Related Topics

Liability for personal injuries

Liability determines who has legal responsibility for a personal injury accident. Proof of liability will be needed to receive any damages.

Types of personal injuries

There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.

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