What is a Product Liability Case?
Product liability law exists to protect consumers who are injured by defective products. Under Texas law, manufacturers, distributors, and sellers can be held responsible for injuries caused by unsafe or defective products, regardless of whether they were negligent in producing them. Product liability claims can arise under several theories, including strict liability, negligence, battery, and warranty claims, depending on the nature of the defect and the circumstances of the injury.
Products Liability – Strict Liability
Strict products liability is one of the most common ways to hold a manufacturer or seller accountable. Under strict liability, the focus is on the product itself, not the conduct of the manufacturer. A plaintiff does not need to prove negligence, only that the product was defective and caused injury.
Elements of Strict Products Liability
To succeed in a strict liability claim, a plaintiff must show:
The defendant supplied the product.
The product was defective and unreasonably dangerous.
The defect caused the plaintiff’s injury (actual and proximate cause).
The product was used in a foreseeable manner. Misuse is not a defense if it was foreseeable.
The plaintiff suffered damages, including physical injury or property damage (economic loss alone is not sufficient).
Foreseeable users and bystanders, such as family members or guests, can bring a claim under strict liability.
Types of Product Defects
Strict liability claims typically fall into three categories:
1. Manufacturing Defect
A manufacturing defect occurs when a product departs from its intended design or specifications, making it unreasonably dangerous. The plaintiff must show that the defective condition existed when the product left the manufacturer and caused the injury.
2. Design Defect
Design defects involve a flaw in the intended design of the product itself. To succeed, the plaintiff must show:
The product was defectively designed and unreasonably dangerous.
A safer, economically feasible alternative design existed.
The defect caused the injury.
3. Marketing Defect (Failure to Warn)
Marketing defects arise when a product lacks adequate warnings or instructions. This includes failing to warn of foreseeable misuse that could cause injury. The plaintiff must prove:
The manufacturer or seller had a duty to warn of known dangers.
The lack of warning caused the injury.
Products that cannot be made safe for ordinary use, such as firearms or power tools, must include proper instructions and known hazard warnings.
Products Liability – Negligence
Negligence claims in product liability require proof that a manufacturer, distributor, or seller failed to exercise reasonable care. To establish negligence, the plaintiff must prove:
Duty – Commercial suppliers owe a duty to all foreseeable users and bystanders.
Breach – Supplying a defective product constitutes a breach. Retailers and wholesalers may satisfy their duty through cursory inspection.
Causation – The defect must actually and proximately cause the injury. Upstream suppliers remain liable even if intermediaries fail to discover the defect.
Damages – Physical injury or property damage is required.
Standard negligence defenses, such as assumption of risk, contributory negligence, and comparative negligence, may apply.
Products Liability – Battery
If a commercial supplier places a product into the market knowing it may cause harm, this may constitute battery. Unlike strict liability or negligence, battery claims focus on the intentional or knowing placement of a harmful product into the stream of commerce.
Products Liability – Warranty Claims
Implied Warranties
Every sale of goods carries implied warranties:
Merchantability – Products must be of average acceptable quality and fit for their ordinary purpose.
Fitness for a Particular Purpose – If the seller knows the product is being purchased for a specific purpose and the buyer relies on their expertise, the product must be suitable for that purpose.
Warranties extend to the buyer, household members, and guests. To prove a breach, plaintiffs must show: warranty existed, it was breached, causation, and damages. Standard defenses such as comparative negligence may apply.
Express Warranties
An express warranty arises when the seller makes a factual statement or promise about the product that becomes part of the basis of the bargain. Elements include reliance by the buyer, breach, causation, and damages. Express warranties extend to subsequent purchasers if reliance was reasonable.
Misrepresentation of Fact
A claim for misrepresentation occurs when a seller knowingly makes a false statement about the product, intending that the buyer rely on it, which induces justifiable reliance and causes injury. Assumption of risk is not a defense for intentional misrepresentation, though negligence-based misrepresentation may be subject to comparative or contributory negligence.
