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Austin Product Liability Lawyer

When commercial products harm the average consumer, there are federal and state laws in place to hold manufacturers, distributors, and retailers accountable. Individuals who have been injured, lost their lives, or have damaged property as the result of a defective or dangerous product, have the right to pursue compensation in a product liability lawsuit. 

The knowledgeable products liability lawyers at the Villarreal & Begum, LAW GUNS have extensive experience in product liability law and protect the rights of victims and their families to maximize the recovery they are owed. If you or someone you love believes an injury is the result of a defective product, call us to schedule a free, no-obligation consultation today.

Table of Contents

Why You Need an Austin Product Liability Lawyer

In order to build a successful product liability case, the next step is proving that you were injured as the direct result of the manufacturer, distributor, or retailer’s actions (Texas Civil Code Section 82). What that will require can be extremely complex, as you must have a full understanding of Texas product liability laws and the ability to collect the necessary evidence.

An experienced Austin products liability lawyer will know how to navigate and build a strong claim on your behalf. They have the resources to: 

  • Conduct an investigation and obtain the proof you need.
  • Connections to trusted medical professionals who can assess your injuries and give an estimate of future medical costs.
  • Negotiate with the at-fault parties’ insurance companies and lawyers to recover a fair and full settlement. 

If your product liability lawyer is working for you on a contingency fee basis, they will also take care of any upfront costs and will only get paid when they win, so there is no risk to you. 

How Much Compensation is Available for Defective Products?

Each product liability case may differ in the amount of compensation available, as the figure can hinge on a variety of unique factors. Examples of considerations include how severe the injury is, how your life is impacted and will be in the future, and how your ability to earn an income is affected. Most often, the following damages can be recovered: 

  • Medical bills and expenses associated with the injury, as well as costs for ongoing care 
  • Lost income, both now and in the future 
  • Pain and suffering 
  • Loss of enjoyment of life
  • Punitive damages (only if the manufacturer or company’s actions were especially dangerous or reckless)

Types of Product Defects

There are many types of product defects that a manufacturer, distributor, or retailer can be held liable for, including:

Design Defects

A poor design can make a product defective before it even hits the manufacturing floor. If the manufacturing company poorly designed a product and knew the design could have flaws, they may be liable if the product directly injures you. 

Manufacturing Defects

A defect can happen during the manufacturing process. This usually doesn’t affect every product unit, but rather just a few of them.

Marketing Defect & Failure to Warn

A company could be liable if a product has inadequate instructions regarding its proper use, or fails to warn consumers about improper use or dangers associated with the product. 

Breach of Warranty

A breach of warranty happens if the product becomes defective during the period in which the product is still under warranty. If you’re injured by a defect within that time, then you have grounds for a product liability case.

Who is Liable for a Defective Product?

Depending on the circumstances, there are multiple parties that may be liable for the injuries you sustain in a defective product case. Those commonly include the: 

  • Manufacturer: Usually, if a product’s defect resulted from a design flaw or a manufacturing error, the manufacturer can be held responsible for any injuries that occur as a result of using the product.
  • Supplier: Sometimes a third party supplier can be held liable if they provided a part that was defective and caused an injury. 
  • Seller: Although they are not involved in the development or manufacturing of a defective product, sellers, retailers and distributors can sometimes be held legally responsible for selling a defective or dangerous product. 

Other potential parties are a product designer or marketer, outside consultants or contractors, engineers, and any other party involved in the chain of distribution. Your Texas product liability attorney can help you determine which parties can be held liable for your losses.

Strict Liability vs. Negligence

Product liability injury victims can recover compensation through strict liability and negligence lawsuits. Neither legal theory requires any intent to harm, but the exact differences come down to the level of care expected to be carried out by the responsible party. 

Strict Liability 

Under the legal theory of strict liability, the defendant is automatically responsible for injuries caused by a defective product. The plaintiff (victim) doesn’t need to prove that the defendant’s negligent or reckless behavior caused their injuries. Instead, you must only prove the following:

  • The product was defective,
  • The product was used intended,
  • You suffered an injury, and
  • Your injury was caused by a product defect.

The first requirement will typically be the most challenging to prove. Manufacturers, suppliers, and sellers will fight hard to avoid having a product labeled as defective. 


On the other hand, in negligence causes of actions, the plaintiff must prove that the defendant failed to act as a reasonable person would have under similar circumstances. Which requires evidence of the following four elements: 

  • The defendant owed the plaintiff a duty of care,
  • The defendant breached their duty by failing to exercise reasonable care,
  • Your injury was directly caused by the defendant’s negligence, and
  • As a result, you suffered financial losses. 

Strict liability will likely be the main focus of a plaintiff’s product liability case, since the “burden of proof” is easier to meet. 

What Products Tend to be Defective?

Product liability cases commonly involve defective: 

  • Cars
  • Airbags
  • Toys
  • Medical devices
  • Appliances
  • Tools and construction equipment
  • Prescription drugs
  • Food 

However, any type of defective product has the potential to be dangerous. 

Time Limits for Product Liability Claims in Texas

It is important to note that individuals wishing to initiate product liability claims in Texas, do not have an indefinite duration of time to bring a lawsuit. In accordance with Texas Civil Practice and Remedies Code Sec. 16.003, those injured in product liability cases are given two years from the date of the injury-inducing event to initiate a claim.

Consult an Austin Product Liability Attorney

Victims of defective products only have two years from the date of their injury to pursue a lawsuit in Texas. Contact the Austin personal injury attorneys at the Villarreal & Begum, LAW GUNS today, so we may move forward with your claim. Reach our Austin office online or by calling (512) 800-0000.