Safe by Design: Product Liability in Austin, Texas

Every day, we place our trust in the products we buy. The brakes in your car should stop you when you press the pedal. The medication your doctor prescribes should heal, not harm. The power tool in your garage should work safely. The toy you give your child should bring joy, not danger. When products fail—when a design defect makes them dangerous, when a manufacturing error creates a hazard, when a company hides the risks—the consequences can be catastrophic. A defective product can change your life in an instant. And the companies that made them must be held accountable.

At Barton & Associates, Attorneys at Law, we represent individuals and families across Central Texas who have been injured by defective products. From the highways of Austin to the pharmacies of Round Rock, from the construction sites of the Domain to the homes of our neighborhoods, we understand the devastating impact of product failures. Our attorneys have spent decades holding manufacturers accountable for the injuries their products cause.

We know that product liability cases are complex. They require expert testimony from engineers, scientists, and medical professionals. They involve uncovering internal company documents that can prove a manufacturer knew about the danger. They demand an understanding of design defects, manufacturing defects, and failures to warn. We know how to investigate product failures, identify the responsible parties, and build cases that get victims the compensation they deserve.

If you have been injured by a defective product, you are not alone. Let us help you hold the manufacturer accountable.

Understanding Product Liability

Product liability is the area of law that holds manufacturers, distributors, and retailers responsible for injuries caused by defective products. Unlike ordinary negligence cases, product liability claims do not require proof that the manufacturer was careless—only that the product was defective.

The Three Types of Product Defects:

• Design Defect: The product is inherently dangerous due to its design, even if manufactured perfectly. The defect affects every unit of the product line.

• Manufacturing Defect: The product deviated from its intended design due to an error in manufacturing. The defect affects only a limited number of units.

• Failure to Warn: The product lacks adequate warnings about its risks. Even a perfectly designed and manufactured product can be defective if it fails to warn users of dangers.

Who Is Liable:

• The manufacturer

• The distributor

• The retailer

• Any entity in the chain of distribution

Strict Liability:

Product liability is based on “strict liability”—you do not need to prove the manufacturer was careless, only that the product was defective. This makes it easier to hold manufacturers accountable than in ordinary negligence cases.

For residents across Central Texas, product liability provides a path to justice when a defective product causes harm.

What Is a Design Defect?

A design defect exists when the product’s design is inherently dangerous, even if manufactured perfectly. Design defect cases often involve products that affect thousands or millions of consumers.

What Makes a Design Defective:

• The product is unreasonably dangerous in its intended use

• A safer alternative design was feasible

• The manufacturer chose the dangerous design anyway

The “Risk-Utility” Test:

Courts weigh the risks of the design against its utility. If the risks outweigh the utility, the design is defective.

Common Design Defects:

• Automotive: Roofs that collapse in rollovers, fuel systems that rupture in crashes, airbags that deploy with excessive force

• Medical Devices: Hip implants that fail prematurely, hernia mesh that causes infection

• Consumer Products: Power tools lacking safety guards, children’s products with choking hazards

What You Must Prove:

• The product’s design was unreasonably dangerous

• A safer alternative design was feasible

• The design defect caused your injury

For those in the Austin area, design defect cases often involve products that have harmed many people and can be brought as mass torts.

What Is a Manufacturing Defect?

A manufacturing defect occurs when a product deviates from its intended design due to an error in manufacturing. Unlike design defects, which affect an entire product line, manufacturing defects often affect only a small number of units.

What Makes a Manufacturing Defect:

• The product did not conform to its intended design

• The deviation made the product dangerous

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

Common Manufacturing Defects:

• A batch of medications contaminated with a harmful substance

• A car with a brake line that was improperly installed

• A ladder with a weld that failed

• A toy with a small part that breaks off, creating a choking hazard

What You Must Prove:

• The product deviated from its intended design

• The deviation made the product dangerous

• The defect caused your injury

Why Manufacturing Defect Cases Are Different:

Unlike design defect cases, you do not need to prove that the entire product line was dangerous. You only need to show that your specific product was different from others.

For residents across Central Texas, manufacturing defect cases require careful inspection of the product and expert analysis.

What Is Failure to Warn?

A failure to warn occurs when a manufacturer knows (or should know) of a risk associated with its product but fails to provide adequate warnings. Even a perfectly designed and manufactured product can be defective if it lacks adequate warnings.

What Makes a Failure to Warn:

• The product has risks that are not obvious to ordinary users

• The manufacturer knew or should have known of the risks

• The manufacturer failed to provide adequate warnings

• You would have used the product differently if warned

Examples of Failure to Warn:

• A medication with serious side effects that were not disclosed

• A power tool without warnings about kickback

• A chemical product without proper safety instructions

• A ladder without warnings about weight limits

The “Learned Intermediary” Doctrine:

For prescription medications, the manufacturer’s duty to warn runs to the prescribing physician, not the patient. If the physician was not adequately warned, the manufacturer can be liable.

What You Must Prove:

• The risk was not obvious

• The manufacturer failed to provide adequate warnings

• You would have acted differently if warned

• The failure to warn caused your injury

For those in the Austin area, failure-to-warn cases often involve medications, medical devices, and consumer products.

Automobile Defects

Defective vehicles are among the most dangerous products on the market. A defect in a car can cause crashes, injuries, and deaths.

Common Automobile Defects:

• Airbags: Failure to deploy, deployment with excessive force

• Tires: Blowouts, tread separation

• Brakes: Failure to stop, sudden acceleration

• Seatbelts: Failure to restrain, improper release

• Roofs: Collapse in rollovers

• Fuel Systems: Fires in crashes

• Electronic Systems: Sudden unintended acceleration

Who Is Liable:

• The vehicle manufacturer

• The parts manufacturer

• The tire manufacturer

• The dealership (in some cases)

What You Must Prove:

• The vehicle or component was defective

• The defect caused the crash or your injuries

• You suffered damages

For families across Central Texas, automobile defect cases require expert testimony from engineers, accident reconstructionists, and biomechanical experts.

Medical Devices and Pharmaceuticals

Defective medical devices and dangerous pharmaceuticals have caused widespread harm. These cases are often brought as mass torts, involving thousands of plaintiffs.

Common Defective Medical Devices:

• Hip Implants: Metal-on-metal implants causing metal poisoning, premature failure

• Hernia Mesh: Infection, adhesion, organ perforation

• Transvaginal Mesh: Erosion, infection, chronic pain

• Pacemakers: Failure, injury, death

• IVC Filters: Migration, perforation

Common Dangerous Pharmaceuticals:

• Opioids: Addiction, overdose, death

• NSAIDs: Heart attack, stroke, gastrointestinal bleeding

• Antidepressants: Birth defects, suicide risk

• Blood Thinners: Uncontrolled bleeding

• Diabetes Drugs: Cancer, organ failure

What You Must Prove:

• The device or drug was defective

• The defect caused your injury

• You suffered damages

For residents across Central Texas, medical device and pharmaceutical cases require expert testimony from physicians, epidemiologists, and biomedical engineers.

Consumer Products

Defective consumer products can cause injuries in homes across Central Texas.

Common Defective Consumer Products:

• Children’s Products: Toys with choking hazards, cribs, car seats

• Power Tools: Saws, drills, lawnmowers

• Household Products: Appliances, furniture, electronics

• Recreational Products: Bicycles, helmets, sports equipment

What You Must Prove:

• The product was defective

• The defect caused your injury

• You suffered damages

The Danger:

Consumer product defects often go unnoticed until someone is injured. If you have a product that caused injury, preserve it and contact an attorney.

For those in the Austin area, consumer product cases require a careful inspection of the product and expert analysis.

Preserving Evidence

In product liability cases, the product itself is the most important evidence. If you throw it away or repair it, you may lose your ability to prove your case.

What to Do:

• Do not throw away the product

• Do not repair the product

• Do not return it to the manufacturer

• Keep all packaging, instructions, and warnings

• Take photographs of the product and the scene

What Your Attorney Will Do:

• Have the product inspected by experts

• Preserve the chain of custody

• Identify the defect

• Determine whether it is a design defect, manufacturing defect, or failure to warn

For residents across Central Texas, preserving the product is essential to your claim.

The Role of Expert Witnesses

Product liability cases are won or lost on the strength of expert testimony. Your attorney will assemble a team of experts to prove your case.

Types of Experts:

• Engineers: Analyze design defects, manufacturing defects, failure analysis

• Medical Experts: Establish causation, document injuries

• Epidemiologists: Establish general causation for pharmaceutical cases

• Human Factors Experts: Evaluate warnings and instructions

• Economists: Calculate lost income and future care costs

• Life Care Planners: Project future medical needs

Why Experts Matter:

Without expert testimony, you cannot prove that a product was defective or that the defect caused your injury. The manufacturer will have its own experts. Your attorney must have experts who can counter their arguments.

For those in the Austin area, the quality of your expert witnesses can determine the outcome of your case.

The Statute of Limitations for Product Liability

In Texas, you generally have two years from the date of injury to file a product liability claim. For some products, the clock may start when you discovered—or should have discovered—the injury.

Why It Matters:

• If you miss the deadline, your claim is barred forever

• For medical devices and pharmaceuticals, the injury may not be discovered for years

• The “discovery rule” may extend the deadline in some cases

What to Do:

• Contact an attorney as soon as possible after your injury

• Do not wait to see if you will recover

For residents across Central Texas, the statute of limitations is strict—do not wait.

Frequently Asked Questions About Product Liability in Austin, Texas

When clients come to our office—whether from Austin’s neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about product liability claims. Here are the answers to the most common inquiries we receive.

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 are the three types of product defects?

Design defects (inherently dangerous design), manufacturing defects (error in production), and failure to warn (inadequate warnings).

What is strict liability?

Strict liability means you do not need to prove the manufacturer was careless—only that the product was defective. It is easier to prove than negligence.

What is the statute of limitations for product liability in Texas?

You generally have two years from the date of injury to file a product liability claim. For some products, the clock may start when you discovered the injury.

What should I do if I am injured by a defective product?

• Preserve the product (do not throw it away or repair it)

• Seek medical attention

• Document the scene

• Contact an attorney immediately

Who can be held liable?

The manufacturer, the distributor, the retailer, and any entity in the chain of distribution can be held liable.

Do I need an attorney for a product liability claim?

Yes. Product liability cases are complex and require expert testimony. An experienced product liability attorney can help you navigate the process and hold the manufacturer accountable.

Why Barton & Associates for Product Liability in Austin

Product liability cases require attorneys who understand the science, the law, and the strategies for proving defects. Our attorneys have spent decades representing individuals and families across Central Texas who have been injured by defective products.

We know the local courts. We know the experts who can prove causation. And we know how to build a case that holds manufacturers accountable.

Take the First Step Toward Justice

If you have been injured by a defective product, do not wait. The two-year statute of limitations is strict. Evidence disappears. The sooner you have an experienced attorney on your side, the sooner you can begin the process of seeking justice.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced product liability attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you seek the justice you deserve.

Main Category: Personal Injury Austin
Practice Area Category: Defective Products & Liability
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)