Practice · Products
The product itself is the evidence
A defective product case is usually decided by whether the product, its packaging, and its manual are still available for inspection. Once it is discarded or repaired, the case gets much harder to prove.
Three theories
How a product ends up defective
Manufacturing defect
The product left the factory built differently than it was designed, and that specific deviation caused the injury. A single bad unit off an otherwise safe line.
Design defect
The product was made exactly as intended, but the design itself is unreasonably dangerous, often provable by showing a safer alternative design was available and feasible.
Marketing or warning defect
The danger was not disclosed, or the warning was inadequate for how the product is actually used. This is frequently the strongest theory when the product itself performed as designed.
Who can be liable
Texas law can reach the manufacturer, and in some circumstances a seller or distributor, depending on their role in the chain and what they knew.
Before anything else
Preserve the product first
Do not discard, repair, or return the product, its original packaging, or the instructions before it has been inspected. This is the single most common way a good product liability claim gets weakened before an attorney is ever involved. If the product caused a fire or serious damage, photograph the scene before anything is cleaned up or moved.
These cases often involve a manufacturer with substantially more resources than an individual claimant, and a defense built around misuse or lack of causation. I prepare every product case as though it will need to survive that kind of scrutiny from the outset.
General information about Texas law, not advice about your situation. Deadlines and available theories depend on the specific product and facts.
Next step
Keep the product, then call
Free consultation. No fee unless I recover for you.