Defective Products & Liability in Corpus Christi: Holding Manufacturers Accountable When Products Fail

Every day, we trust the products we use—cars, tools, medical devices, household goods, and children’s toys—to be safe. We trust that manufacturers have tested their products, warned of dangers, and designed them to protect consumers. But when a product is defective, that trust is broken. The consequences can be devastating: serious injuries, permanent disabilities, and wrongful death. In Corpus Christi and throughout the Coastal Belt, defective product cases require attorneys who understand the complex laws of product liability, the strategies for proving design defects, manufacturing defects, and failure to warn, and the resources to take on powerful corporations.

At Barton & Associates, Attorneys at Law, we represent individuals and families throughout Corpus Christi and the Coastal Belt who have been injured by defective products. Whether you were hurt by a dangerous drug, a faulty medical device, a defective automobile, or any other unsafe consumer product, we provide the knowledgeable, aggressive representation you need to seek justice and recover the compensation you deserve. With extensive experience in product liability litigation, we guide our clients through every stage of the complex claims process.

Understanding Product Liability

Product liability is the area of law that holds manufacturers, distributors, and retailers responsible for injuries caused by defective products. Unlike negligence cases, product liability cases often rely on strict liability—meaning you do not need to prove that the manufacturer was careless, only that the product was defective and caused your injury.

Types of Product Defects

Design Defects
A design defect exists when a product is inherently dangerous due to its design, even if manufactured perfectly. The entire product line is unsafe. Examples include:

• A car that rolls over easily

• A power tool with inadequate safety guards

• A children’s toy with small parts that pose a choking hazard

• A crib with a design that can trap infants

Manufacturing Defects
A manufacturing defect occurs when a product deviates from its intended design due to an error in production. The defect affects only some units. Examples include:

• A batch of tires with weak sidewalls

• A car with faulty brakes

• A food product contaminated during processing

• A power tool with a loose blade

Failure to Warn
A failure to warn occurs when a product has known risks that the manufacturer did not adequately warn about. This includes:

• Missing warning labels

• Inadequate instructions

• Failure to warn about side effects of medications

• Failure to warn about proper use or maintenance

Theories of Liability

Strict Liability
Under strict liability, you do not need to prove that the manufacturer was negligent. You only need to prove that:

• The product was defective

• The defect existed when the product left the manufacturer’s control

• The defect caused your injury

• You suffered damages

Negligence
You can also sue for negligence, proving that the manufacturer failed to exercise reasonable care in designing, manufacturing, or warning about the product.

Breach of Warranty
Products come with implied warranties that they are fit for their intended use. When a product fails, it may breach these warranties.

Common Defective Products

Automobiles and Automotive Parts

• Airbag defects (failure to deploy, shrapnel upon deployment)

• Seatbelt failures

• Tire blowouts

• Brake failures

• Rollover-prone vehicles

• Accelerator defects (unintended acceleration)

• Fuel system fires

Medical Devices

• Hip implants (metal-on-metal failures)

• Hernia mesh failures

• Pacemakers and defibrillators

• Surgical instruments

• Breast implants

• Knee and hip replacements

Pharmaceutical Drugs

• Dangerous side effects not disclosed

• Failure to warn about risks

• Contaminated drugs

• Inadequate testing

• Off-label marketing

Common Drug Litigation:

• Opioid painkillers

• Blood thinners

• Diabetes medications

• Antidepressants

• Heart medications

Children’s Products

• Car seats

• Cribs and playpens

• Toys with choking hazards

• Strollers

• High chairs

• Recalled children’s products

Power Tools and Machinery

• Table saws (lack of flesh-sensing technology)

• Lawn mowers

• Chainsaws

• Industrial equipment

• Ladders

Household Products

• Space heaters

• Pressure cookers

• Appliances with fire hazards

• Cleaning products with inadequate warnings

Consumer Electronics

• Batteries that overheat or catch fire

• Chargers

• E-cigarettes and vaping devices

Proving a Product Liability Case

Step 1: Preserve the Product

The product itself is the most important evidence. Do not repair, alter, or dispose of it.

Step 2: Identify the Defect

Your attorney will work with experts to determine the type of defect:

• Design defect: Compare the product to safer alternatives

• Manufacturing defect: Examine the specific unit for deviations

• Failure to warn: Review labeling and instructions

Step 3: Identify Responsible Parties

Multiple parties may be liable:

• Manufacturer

• Component part manufacturer

• Distributor

• Retailer

• Wholesaler

Step 4: Gather Evidence

• The defective product

• Purchase records

• Instructions and warnings

• Advertising materials

• Industry standards

• Prior complaints or recalls

• Internal manufacturer documents

Step 5: Expert Witnesses

Product liability cases require expert testimony from:

• Engineers

• Metallurgists

• Medical experts

• Human factors experts

• Economists

Step 6: Document Damages

• Medical records and bills

• Lost wage documentation

• Photographs of injuries

• Documentation of permanent disability

• Pain and suffering

Defenses in Product Liability Cases

Manufacturers may raise several defenses:

Product Misuse

If you used the product in a way not intended, the manufacturer may argue that misuse caused the injury.

Assumption of Risk

If you knew of the danger and used the product anyway, the manufacturer may argue assumption of risk.

Statute of Limitations

In Texas, product liability claims generally must be filed within two years of the date of injury.

Statute of Repose

Texas has a 15-year statute of repose for product liability claims. This means you cannot file a claim more than 15 years after the product was sold.

State of the Art

A manufacturer may argue that at the time of manufacture, there was no feasible safer design.

The Product Liability Case Process

Step 1: Preserve the Product

Preserve the product exactly as it was at the time of the incident. Do not repair or alter it.

Step 2: Seek Medical Care

Seek immediate medical attention. Document all injuries.

Step 3: Consult an Attorney

An experienced product liability attorney can evaluate your case and advise you on your rights.

Step 4: Investigation

Your attorney conducts a thorough investigation, including:

• Preserving the product

• Obtaining expert evaluations

• Identifying potential defendants

• Researching prior complaints and recalls

Step 5: Demand and Negotiation

Your attorney sends a demand letter and negotiates with the manufacturer and their insurers.

Step 6: Litigation

If a fair settlement cannot be reached, your attorney files a lawsuit and pursues your claim in court.

Frequently Asked Questions About Defective Products

What is product liability?

Product liability is the area of law that holds manufacturers, distributors, and retailers responsible for injuries caused by defective products.

What is the difference between a design defect and a manufacturing defect?

A design defect affects the entire product line. A manufacturing defect affects only some units due to an error in production.

What is failure to warn?

Failure to warn occurs when a manufacturer fails to provide adequate warnings about known risks associated with a product.

How long do I have to file a product liability claim?

In Texas, you generally have two years from the date of injury to file a claim. There is also a 15-year statute of repose.

What damages can I recover?

You may recover medical expenses, lost wages, pain and suffering, and in cases of death, funeral expenses and loss of companionship.

What if I don’t have the product anymore?

Preserving the product is critical. If you no longer have it, your attorney may still be able to build a case using other evidence, but it will be more difficult.

Can I sue if I bought a used product?

Yes, but liability may be more limited. Manufacturers may still be liable for defects that existed when the product was new.

What is a recall?

A recall is a manufacturer’s action to remove a defective product from the market. A recall can be evidence that the product was defective.

Do I need an attorney for a product liability case?

Yes. Product liability cases are complex, require expert testimony, and involve powerful corporate defendants. An experienced product liability attorney can help you navigate the process and maximize your recovery.

How much does it cost to hire a product liability attorney?

Most product liability attorneys work on a contingency fee basis—you pay nothing upfront, and the attorney is paid a percentage of any recovery.

Why Barton & Associates Is the Right Choice for Your Product Liability Case

Product liability cases require attorneys who understand the complex laws of design defects, manufacturing defects, and failure to warn. At Barton & Associates, Attorneys at Law, we have extensive experience representing victims of defective products in Corpus Christi and throughout the Coastal Belt.

Our attorneys understand the importance of preserving the product, the need for expert testimony, and the strategies for proving that a product was defective. We work closely with our clients to investigate the facts, gather evidence, and build a compelling case for full compensation.

We also understand that product liability cases require significant resources. Our firm has the resources to retain top experts, conduct thorough investigations, and take cases to trial against the largest corporations.

Seek Justice for Defective Product Injuries Today

If you or a loved one has been injured by a defective product in Corpus Christi, you have the right to seek justice. Do not wait. Evidence can be lost, and statutes of limitations are strict.

Contact the experienced product liability attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you hold manufacturers accountable and recover the compensation you deserve.

Main Category: Personal Injury Corpus Christi
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780