Defective Products: When the Manufacturer Is Liable for Your Injury
If a defective product injured you in Texas, the manufacturer (and sometimes the seller) can be liable under the rule of 'strict liability' — meaning you generally don't have to prove they were negligent, only that the product was defective and caused your harm. Keep the product: it's your most important evidence.
We buy products trusting that they're safe: an appliance, a tool, an auto part, a piece of work equipment. But sometimes a product fails and causes a serious injury. When that happens, many people think it was 'bad luck' and that there's nothing they can do. The reality is different: the company that designed, made, or sold a defective product can be legally liable. Here's how.
What counts as a defective product?
A defective product is one that is dangerous in a way you wouldn't expect during normal use. In Texas, defective product cases generally fall into three types of defect:
1. Design defect
The product is dangerous from its very concept — every unit made the same way shares the same risk. For example, a tool designed in a way that easily injures the user, even when 'well made.'
2. Manufacturing defect
The design was safe, but something went wrong making that particular unit: a misplaced part, the wrong material, a faulty assembly.
3. Warning or instruction defect
The product doesn't come with adequate warnings or instructions about how to use it safely or about its risks. The lack of a clear warning can make the manufacturer liable.
Many defective product cases in Texas fall under 'strict liability.' This means you generally do NOT have to prove the company was negligent — it's enough to show the product was defective and that the defect caused your injury. That's an important difference in your favor.
Who can be liable?
It's not always just the manufacturer. Depending on the case, several parties in the chain can share liability:
- The manufacturer of the product or one of its parts.
- The company that designed it.
- The distributor or seller that put it on the market.
- Whoever did the final assembly.
More liable parties can mean more insurance policies to recover from — which is why it's important to investigate the whole case thoroughly.
Examples of products that can fail
These cases can arise from any everyday or work product. Some general examples:
- Appliances that overheat or cause fires.
- Power tools with dangerous failures.
- Defective auto parts (brakes, tires, airbags).
- Work equipment and machinery with safety failures.
- Devices that don't work as they should.
Don't let a lack of health insurance stop you. At Ruiz & Associates we connect you with doctors who treat you now and get paid from your final settlement. You pay nothing out of pocket, and your documented treatment strengthens your case.
What to do if a product injured you
- 1Keep the product as is. Don't throw it away, repair it, or modify it — it's your most important evidence.
- 2Save the box, manual, and receipt if you have them.
- 3Take photos of the product, the defect, and your injuries.
- 4Seek medical care immediately and keep all records.
- 5Write down how, when, and where it happened.
- 6Talk to a lawyer before returning the product or accepting a 'fix' from the company.
Why experience matters in these cases
Defective product cases often go up against large companies with teams of lawyers and experts. They require technical investigation, expert witnesses, and resources. With more than 30 years of experience in Texas courts, Ruiz & Associates knows how to build these cases and hold manufacturers accountable. We serve Eagle Pass, Maverick County, San Antonio, and all of Texas. We work on contingency: you pay nothing unless we win your case.
Frequently asked questions
Do I have to prove the manufacturer was negligent?+
Generally no. Many defective product cases in Texas fall under 'strict liability,' where it's enough to show the product was defective and that the defect caused your injury.
I threw away the product that hurt me. Do I still have a case?+
It's harder without the product, but not always impossible. Other evidence like photos, receipts, medical records, and witnesses can help. Consult your case as soon as possible.
How long do I have to claim for a defective product?+
Generally the same personal injury deadlines in Texas apply (around 2 years), though there are nuances depending on the case. It's best to act soon and confirm your situation with a lawyer.
How much does it cost to consult with you?+
Nothing. The consultation is free and confidential, and we work on contingency: you only pay if we win your case.
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This article is for informational purposes only and does not constitute legal advice. Every case is different; past results do not guarantee future outcomes. Reading this content does not create an attorney-client relationship.