Product Liability

Aggressive Representation for Victims of Defective and Dangerous Products in Texas

When consumers purchase products, they have a fundamental right to expect that those products are safe for their intended use. Unfortunately, corporations often prioritize profits over consumer safety, rushing products to market without adequate testing or failing to warn the public about known hazards. Product liability involves holding manufacturers, distributors, and retailers accountable when their defective or dangerous products cause severe injury or death. At Nixon Law PLLC, we understand the devastating impact a defective product can have on your life, your family, and your future. We aggressively represent Texans who have been harmed by dangerous consumer products, fighting tirelessly to ensure that negligent corporations are held fully responsible for the damage they cause.

Product liability cases are inherently complex, often requiring extensive investigation, expert testimony, and a deep understanding of both state and federal regulations. These are not simple personal injury claims; they are high-stakes battles against well-funded corporate legal teams whose sole objective is to minimize their liability and protect their bottom line. You need a trial law firm with the resources, tenacity, and legal acumen to level the playing field. Nixon Law PLLC is committed to providing relentless advocacy for injury victims across Texas, taking on powerful corporations and demanding the justice and compensation our clients deserve.

Understanding Texas Product Liability Law

In Texas, product liability claims are primarily governed by Chapter 82 of the Texas Civil Practice and Remedies Code. This statute outlines the legal framework for holding manufacturers and sellers strictly liable for injuries caused by defective products. Under Texas law, a “products liability action” encompasses any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product.

There are three primary types of product defects recognized under Texas law:

  • Manufacturing Defects: These occur when a product departs from its intended design during the manufacturing process, making it more dangerous than consumers would expect. Even if the manufacturer exercised all possible care in the preparation and marketing of the product, they can still be held strictly liable if a manufacturing flaw causes injury.
  • Design Defects: A design defect exists when the product’s design itself is inherently dangerous or defective. Under Section 82.005 of the Texas Civil Practice and Remedies Code, to successfully prove a design defect, the claimant must demonstrate by a preponderance of the evidence that there was a safer alternative design that would have prevented or significantly reduced the risk of injury without substantially impairing the product’s utility, and that the defect was a producing cause of the injury.
  • Marketing Defects (Failure to Warn): A marketing defect occurs when a manufacturer fails to provide adequate warnings or instructions regarding the safe use of the product, or fails to warn consumers about hidden dangers that the manufacturer knew or should have known about. If a product is dangerous in a way that is not obvious to the ordinary user, the manufacturer has a legal duty to provide clear and conspicuous warnings.

Furthermore, Section 82.003 of the Texas Civil Practice and Remedies Code addresses the liability of nonmanufacturing sellers. While Texas law generally protects innocent sellers who merely distribute a product without altering it, a seller can be held liable under specific circumstances, such as if the seller participated in the design of the product, altered or modified the product in a way that caused the injury, or actually knew of the defect at the time the product was sold.

Common Scenarios in Product Liability Claims

Defective products can infiltrate almost every aspect of daily life, from the vehicles we drive to the medical devices we rely on for our health. Nixon Law PLLC handles a wide array of product liability claims, representing clients who have suffered catastrophic injuries in various scenarios. Some of the most common types of dangerous products include:

  • Defective Auto Parts: Motor vehicle defects are a leading cause of severe accidents and injuries on Texas highways. This includes defective airbags that fail to deploy or deploy with excessive force, faulty brakes, tire blowouts caused by tread separation, and vehicles prone to rollover accidents due to poor design.
  • Dangerous Medical Devices: Patients trust medical devices to improve their health, but defective implants, pacemakers, joint replacements, and surgical mesh can cause severe complications, requiring painful revision surgeries and causing long-term disability.
  • Harmful Pharmaceuticals: Prescription and over-the-counter drugs can have devastating side effects that manufacturers fail to disclose. When pharmaceutical companies hide the risks of their medications to protect their profits, patients suffer the consequences.
  • Defective Consumer Goods: Everyday household items, including electronics that pose fire hazards, dangerous children’s toys, and defective appliances, can cause severe burns, electrocution, or other catastrophic injuries in the home.
  • Toxic Substances and Chemicals: Exposure to hazardous chemicals, asbestos, or toxic materials in consumer products or building materials can lead to severe illnesses, including cancer and respiratory diseases, often years after the initial exposure.
  • Industrial and Construction Equipment: Heavy machinery, power tools, and construction equipment that lack proper safety guards or have defective designs can cause devastating workplace injuries, including amputations, crush injuries, and wrongful death.

How Nixon Law PLLC Helps Injured Texans

When you are injured by a defective product, you are not just fighting an insurance company; you are taking on a major corporation with vast resources. Nixon Law PLLC provides the aggressive, uncompromising representation necessary to win these challenging cases. Led by Managing Attorney Jonathon G. Nixon, our firm approaches every product liability case with a trial-ready mindset.

From the moment we take your case, we initiate a comprehensive investigation to preserve crucial evidence. We work closely with industry-leading experts, including engineers, medical professionals, and accident reconstruction specialists, to meticulously analyze the product, identify the precise nature of the defect, and establish a clear chain of causation between the defect and your injuries. We leave no stone unturned in our pursuit of the truth.

Our approach is rooted in aggressive litigation and strategic trial preparation. We do not back down from powerful corporations or their defense firms. We demand full accountability and maximum compensation for your medical expenses, lost wages, loss of earning capacity, pain and suffering, and physical impairment. While we are skilled negotiators who can often secure substantial settlements, we prepare every case as if it will go to a jury verdict. If a corporation refuses to offer a fair settlement that fully compensates you for your losses, we are fully prepared to take your case to trial and fight for your rights in the courtroom.

Schedule a Consultation with a Texas Trial Attorney

If you or a loved one has been severely injured by a defective or dangerous product, time is of the essence. Crucial evidence can be lost, and Texas law imposes strict statutes of limitations on product liability claims. You need a formidable legal advocate who will protect your rights and aggressively pursue the compensation you deserve. Do not let a negligent corporation dictate your future. Contact Nixon Law PLLC today to schedule a consultation. We will review the details of your case, explain your legal options, and outline a strategic plan to hold the responsible parties accountable. Let our experienced Texas trial attorneys fight for the justice you are owed.