Holding Manufacturers Accountable: Your Guide to Product Liability Law in San Antonio

Injured by a Defective Product? You Have Rights. Our San Antonio Product Liability Lawyers Can Help.

When you purchase a product, you have a fundamental right to expect it is safe for its intended use. A defective children’s toy, a malfunctioning automotive part, or a dangerously designed medical device can turn everyday life into a nightmare in an instant, resulting in catastrophic injuries, overwhelming medical bills, and profound emotional trauma. At Barton & Associates in San Antonio, Texas, we believe those responsible for putting dangerous products into the stream of commerce must be held fully accountable.

Our dedicated San Antonio product liability attorneys have a proven track record of taking on multinational corporations, manufacturers, and insurers. We combine exhaustive investigation with aggressive litigation strategy to pursue the maximum compensation for individuals and families devastated by defective products. If you or a loved one has been injured, understanding your legal rights is the first critical step toward justice and recovery.

Understanding Product Liability Law in Texas

Product liability is a complex area of personal injury law that holds manufacturers, distributors, suppliers, and retailers responsible for injuries caused by defective or unreasonably dangerous products. Unlike a standard negligence claim, product liability cases often involve strict liability theories. This means that in many situations, a plaintiff does not need to prove the manufacturer was careless; rather, they must prove the product was defective and that the defect caused their injury.

In Texas, product liability claims are primarily governed by the Texas Civil Practice and Remedies Code and established case law. Successful claims typically fall into one of three categories of defect:

1. Design Defects

A design defect exists when a product is inherently dangerous or unfit for its intended purpose, even before it is manufactured. The flaw lies in the product’s initial blueprint or concept, making every unit of that product potentially hazardous. Examples include:

• A vehicle with a high center of gravity prone to rollovers.
• A space heater designed without adequate overheating safeguards.
• A power tool missing an essential safety guard.

2. Manufacturing Defects

A manufacturing defect occurs when an error in the production process causes a specific product or batch of products to deviate from its intended, safe design. Here, the design may be sound, but the execution failed. Examples include:

• A bicycle with a cracked frame due to a welding error.
• Pharmaceutical pills contaminated with a toxic substance during production.
• Children’s pajamas manufactured with flammable material instead of flame-retardant fabric.

3. Marketing Defects (Failure to Warn)

This defect, also known as “failure to warn,” involves inadequate safety warnings, improper labeling, or insufficient instructions for safe use. A product can be well-designed and properly manufactured but still be unreasonably dangerous if the manufacturer fails to provide consumers with the information needed to avoid hidden dangers. Examples include:

• A prescription drug without adequate warning of potential side effects or interactions.
• An industrial cleaner sold without proper instructions for ventilation and protective gear.
• A child’s toy with small parts lacking appropriate choking hazard warnings.

Common Types of Product Liability Cases We Handle in San Antonio

At Barton & Associates, our attorneys have extensive experience litigating a wide range of defective product cases. We understand the unique technical and legal challenges each category presents.

• Defective Medical Devices: Hip and knee implants, surgical mesh, pacemakers, and IVC filters that fail, corrode, or cause severe internal injuries.
• Dangerous Pharmaceuticals (Drug Injury): Prescription and over-the-counter medications with undisclosed severe side effects, such as causing heart attacks, strokes, or internal bleeding.
• Faulty Automotive Parts: Defective airbags (like Takata inflators), faulty ignition switches, defective tires, and malfunctioning brakes that lead to serious auto accidents.
• Unsafe Consumer Products: Children’s products (cribs, toys, car seats), household appliances (space heaters, gas stoves), power tools, and furniture that tip over.
• Industrial and Workplace Products: Defective machinery, protective equipment, and chemicals that cause occupational injuries.
• Defective Food Products: Contaminated food, improperly labeled allergens, and foreign objects in packaged goods causing illness or injury.

The Barton & Associates Approach: Investigation, Evidence, and Expert Advocacy

Product liability cases are fiercely defended by corporations with vast resources. Success requires a methodical, resource-intensive approach from the very beginning. Our San Antonio legal team is built to level the playing field.

1. Immediate and Thorough Investigation: We act swiftly to secure the defective product itself, which is crucial evidence. We also work to preserve purchase records, photographs of the injury scene, and the product’s packaging and instructions.
2. Deep-Dive Discovery: Our attorneys utilize the legal discovery process to obtain internal company documents, including design specifications, safety testing reports, quality control records, and prior consumer complaints. We look for evidence that the company knew or should have known about the danger.
3. Collaboration with Top Experts: We build your case on a foundation of expert testimony. We work with a network of nationally recognized experts, including:
   1. Engineering Experts to analyze design and manufacturing flaws.
   2. Medical Experts to definitively link your injuries to the product defect.
   3. Safety and Human Factors Experts to testify on adequacy of warnings and foreseeable use.
   4. Economic Experts to calculate the full scope of your past and future losses.
4. Strategic Negotiation & Trial Readiness: While many cases settle through negotiation, we prepare every case as if it is going to trial. This readiness demonstrates to defendants and their insurers that we are unwavering in our commitment to achieving a fair result, whether at the settlement table or before a jury in a Bexar County courtroom.

Compensation You Can Pursue in a Texas Product Liability Claim

The physical, emotional, and financial toll of a product-related injury can be lifelong. Our goal is to recover comprehensive damages that address every dimension of your loss. Recoverable compensation may include:

• Economic Damages: Past and future medical expenses, rehabilitation costs, lost wages, loss of future earning capacity, and out-of-pocket expenses.
• Non-Economic Damages: Physical pain and suffering, mental anguish, emotional distress, physical impairment, disfigurement, and loss of enjoyment of life.
• In Cases of Gross Negligence: In rare cases where a company’s conduct is egregious, Texas law may allow for punitive damages, intended to punish the wrongdoer and deter similar conduct in the future.

Why Choosing the Right San Antonio Product Liability Lawyer Matters

These cases are not simple. They involve complex laws, intricate facts, and well-funded opposition. The attorney you choose will directly impact the outcome of your case.

• Resources to Compete: At Barton & Associates, we have the financial resources and legal team necessary to invest in your case from day one, funding advanced expert analysis and protracted litigation when needed.
• A Record of Results: We have a history of securing substantial settlements and verdicts for our clients, providing them the means to rebuild their lives with dignity and security.
• Client-Centered Focus: You are not just a case file. We provide compassionate, personalized attention, keeping you informed at every stage and ensuring your voice is heard throughout the legal process.

Critical Texas Statutes of Limitations

Time is of the essence. In Texas, the statute of limitations for most product liability claims is two years from the date of the injury (Texas Civil Practice & Remedies Code § 16.003). However, specific rules regarding “discovery” of the injury or claims involving minors can affect this deadline. Do not wait—consulting with an attorney immediately is vital to protecting your right to file a claim.

Frequently Asked Questions About Product Liability Claims

Q: What should I do if I’ve been injured by a product?
A: Seek medical attention immediately. Then, if possible, safely preserve the product and all packaging/instructions. Take photos of the product, your injuries, and the scene. Keep a record of all related expenses and contact a product liability attorney promptly.

Q: Who can be held liable in a defective product case?
A: Liability can extend through the entire supply chain, including the product designer, manufacturer, parts supplier, distributor, and retailer.

Q: What if I used the product incorrectly?
A: Manufacturers have a duty to anticipate reasonable misuse. If your use was foreseeable, they may still be held liable for not designing a safer product or providing adequate warnings.

Q: Are class action lawsuits the only option for defective product injuries?
A: No. While some widespread defects result in class actions, your injuries and damages are unique. An individual lawsuit often allows for recovery tailored specifically to your profound losses. We will advise you on the best strategic path for your situation.

Contact Our San Antonio Product Liability Attorneys Today

If a defective product has shattered your sense of safety and well-being, you do not have to face the aftermath alone. The manufacturers and insurers are not on your side. We are.

Barton & Associates offers free, no-obligation case consultations. We will listen to your story, evaluate the facts of your case, explain your legal options, and outline a clear path forward.

Call us today at 210-500-0000 or contact us online to schedule your free consultation. Let our experience, dedication, and resources fight for the justice and recovery you deserve. We proudly serve clients throughout San Antonio, Austin and Corpus Christi, Texas.

Main Category: Personal Injury
Practice Area Category: Defective Products & Liability
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000