Product Liability in Corpus Christi: When Defective Products Cause Serious Harm

Every day, we trust the products we use—our 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, product liability cases require attorneys who understand the complex laws of design defects, manufacturing defects, and failure to warn, and who have the resources to take on powerful corporations.

At Barton & Associates, Attorneys at Law, we represent individuals and families throughout Corpus Christi and the Coastal Bend 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:

• 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
• A vehicle with a roof that crushes in a rollover

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:

• A batch of tires with weak sidewalls
• A car with faulty brakes due to improper assembly
• A food product contaminated during processing
• A power tool with a loose blade
• A bicycle with a defective weld

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

Examples:

• Missing warning labels on hazardous chemicals
• Inadequate instructions for safe use
• Failure to warn about side effects of medications
• Failure to warn about proper maintenance
• Failure to warn about risks of using the product in certain ways

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 the product
• Manufacturing the product
• Inspecting and testing the product
• Warning about known dangers

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

• Implied warranty of merchantability: The product is fit for ordinary use
• Implied warranty of fitness for a particular purpose: The product is fit for a specific use known to the seller
• Express warranty: Specific promises made by the manufacturer

Common Types of Product Liability Cases

Automobile Defects

• Airbag defects (failure to deploy, shrapnel upon deployment)
• Seatbelt failures
• Tire blowouts
• Brake failures
• Rollover-prone vehicles
• Accelerator defects (unintended acceleration)
• Fuel system fires
• Roof crush in rollovers

Medical Device Defects

• Hip implants (metal-on-metal failures)
• Hernia mesh failures
• Pacemakers and defibrillators
• Surgical instruments
• Breast implants
• Knee and hip replacements
• Spinal devices

Pharmaceutical Drug Defects

• Dangerous side effects not disclosed
• Failure to warn about risks
• Contaminated drugs
• Inadequate testing
• Off-label marketing
• Birth defects caused by medications

Common Drug Litigation:

• Opioid painkillers
• Blood thinners
• Diabetes medications
• Antidepressants
• Heart medications
• Cancer drugs

Children’s Product Defects

• Car seats
• Cribs and playpens
• Toys with choking hazards
• Strollers
• High chairs
• Recalled children’s products
• Baby monitors with fire hazards

Power Tools and Machinery

• Table saws (lack of flesh-sensing technology)
• Lawn mowers
• Chainsaws
• Industrial equipment
• Ladders
• Nail guns

Household Products

• Space heaters
• Pressure cookers
• Appliances with fire hazards
• Cleaning products with inadequate warnings
• Furniture with tip-over hazards

Consumer Electronics

• Batteries that overheat or catch fire
• Chargers
• E-cigarettes and vaping devices
• Laptops with battery fires

Food Products

• Contaminated food
• Undeclared allergens
• Foreign objects in food
• Foodborne illness outbreaks

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. Store it safely.

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; examine industry standards
• Manufacturing defect: Examine the specific unit for deviations from specifications
• Failure to warn: Review labeling, instructions, and industry warnings

Step 3: Identify Responsible Parties

Multiple parties may be liable:

• Manufacturer of the finished product
• Component part manufacturer
• Distributor
• Retailer
• Wholesaler
• Installer

Step 4: Gather Evidence

• The defective product
• Purchase records and receipts
• Instructions and warnings
• Advertising materials
• Industry standards and regulations
• Prior complaints or recalls
• Internal manufacturer documents
• Consumer reports and reviews

Step 5: Expert Witnesses

Product liability cases require expert testimony from:

• Engineers
• Metallurgists
• Toxicologists
• 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
• Future care needs

Defenses in Product Liability Cases

Manufacturers may raise several defenses:

Product Misuse

If you used the product in a way not intended or reasonably foreseeable, 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 from 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, regardless of when the injury occurred.

State of the Art

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

Alteration or Modification

If the product was altered or modified after leaving the manufacturer’s control, the manufacturer may argue that the alteration caused the injury.

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 and treatment.

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 and examining the product
• Obtaining expert evaluations
• Identifying potential defendants
• Researching prior complaints and recalls
• Reviewing industry standards

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 Product Liability

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 due to an unsafe design. 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 powerful 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
Practice Area Category: Defective Products & Liability
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780