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Product Liability Lawyers in Austin

What Is a Defective Product?

A defective product is any product that poses an unreasonable safety risk when it is used correctly or as-intended or even when misused if the manufacturer knew that use was foreseeable.Whether through some flaw in design or an error made during manufacturing or a failure to provide an adequate warning, any product can be defective. This includes everything from automobiles and car parts to medical devices and pharmaceutical drugs to electronics and everyday household items. When defective products make it onto the consumer market, they can cause devastating injuries and widespread harm.

What Can Our Firm Do For You?

Our firm assists victims of defective products by working to hold the negligent parties accountable. We have nearly 25 years of experience handling all types of complex and difficult personal injury cases, including those involving product liability. We understand how these cases are tried, and we have the courtroom experience to aggressively advocate for you. Our firm achieved the largest, number one jury verdict in the Austin area on behalf of the family of a woman who was hit and run over by a defective, runaway E-Z-GO golf cart/utility vehicle, rendering her quadriplegic. We were able to secure a verdict of $16 million—the highest verdict in Austin to date—for her family.

Hear It From Our Clients

5 / 5 stars

The conduct, preparation, and drive of the HBH attorneys, especially during the trial, was nothing short of inspirational. Their compassion and empathy for me, a little guy against a giant company, allowed the jury to see the truth and speak loudly through their verdict. They are true trial attorneys.

Schedule a free initial consultation with our Austin product liability lawyers. Call (512) 430-4844 or contact us online to get started.

Types of Defective Products

In general, defective products fall into one of three categories:

  • Defective Design: A product has a defective design if there is some flaw in the original design or it was designed poorly as a whole. Improper product testing can also be considered defective design in some cases.
  • Defective Manufacturing: Defective manufacturing occurs when the product’s design is adequate, but an error is made, or a defect introduced during a stage of the manufacturing process. Generally, only the specific products that have the defect will be dangerous.
  • Defective Marketing: Contrary to its name, defective marketing does not have to do with what most people consider marketing but rather means that the product lacks proper safety warnings, instructions, and/or other safety labels.

A vehicle might have a defective design if it rolls over when making turns at a relatively low speed. An airbag may have been defectively manufactured if it fails to inflate upon impact. A pharmaceutical drug might have a marketing defect if all of the possible side effects are not listed. These are just some examples of how products can be defective—contact our firm if you were injured by a defective product and our Austin defective product attorneys can help you understand your legal options.

How to File a Defective Product Claim

The statute of limitations in Texas for product liability claims is two years. This means you have two years from the date of the injury or the date you discovered the injury to file a claim. Additionally, Texas has a statute of repose of 15 years. In other words, you cannot file a defective product claim if the product in question was sold 15 or more years ago.

To file a defective product claim in Texas, you must show that:

  • Your injury occurred less than two years ago
  • The product was sold less than 15 years ago
  • The product had a design, manufacturing, or marketing defect
  • This defect made the product unreasonably dangerous
  • You used the product correctly and/or as-intended
  • The defect directly or indirectly caused your injuries

If the injured party acted negligently—altering the product or using it incorrectly in an unforeseeable way, for example—the case will likely be dismissed. Rightful claims can be very difficult to pursue the ordinary individual, as they typically require expert testimony, witness statements, documentation of medical treatment, and more. It is crucial that you enlist the assistance of a skilled product liability lawyer in Austin for help with your case.

Representing Clients in Austin, Georgetown & Beyond

Since 1995, Howry Breen & Herman has been committed to helping our clients achieve the best possible outcomes in their cases. We represent plaintiffs in complex product liability cases, offering personalized legal support and aggressive advocacy in and out of the courtroom. We have years of experience handling these types of complicated claims and are prepared to put our extensive skills, resources, and knowledge to work for you.

Call (512) 430-4844 to request a complimentary case evaluation with one of our Austin defective product attorneys today.

Related articles:

Defective Products
  • Howry Breen & Herman is proud to have been nominated as “America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, ®, which is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements.
  • Howry Breen & Herman is proud to have been nominated as “America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, ®, which is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements.
  • Best Lawyers in America
    The Best Lawyers in America® recognizes top legal talent throughout the U.S. via a rigorous peer-review process. At Howry, Breen & Herman, we are proud to have several attorneys who have earned a place in The Best Lawyers in America® list.
  • Best Lawyers 2018
    Inclusion in Best Lawyers, the oldest and one of the most highly regarded legal peer-review publications, is regarded by both attorneys and clients as an extremely high honor. Our firm is proud to have multiple attorneys selected for this honor.
  • Top 50 US Verdicts All Practice Areas Texas 2017
    Our attorneys were honored by for recovering one of the Top 50 Verdicts in Texas in 2017. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
  • Best Lawyers Best Law Firms US News 2016
    Howry, Breen & Herman is proud to have been selected as one of U.S. News’s Best Law Firms. Law firms are selected for inclusion in in this prestigious ranking based on a series of quantitative and qualitative criteria.
  • Multi-Million Dollar Advocates Forum
    Several of our attorneys are members of the Multi-Million Dollar Advocates Forum, a renowned legal organization whose membership is restricted to trial attorneys who have achieved seven-figured settlements and/or jury verdicts.
  • The National Trial Lawyers Top 100
    A number of our lawyers are invited members of The National Trial Lawyers – Top 100, a highly respected legal organization that limits its members to trial attorneys who have been nominated by their peers and met strict qualification requirements.
  • Multi Million Dollar Advocates Forum
    We are proud to have numerous attorneys who are members of the Million Dollar Advocates Forum. In order to become a member, an attorney must demonstrate that he or she has successfully achieved at least one six-figure settlement or jury verdict.
  • Top American Lawyers
    Membership in Top American Lawyers is limited to only 1% of all attorneys in the United States. We at Howry, Breen & Herman are proud to have a number of attorneys who have been accepted as members of this exclusive organization.
  • AV Preeminent
    Martindale-Hubbell® is widely regarded as one of the most renowned peer-review rating organizations in the legal field. Several attorneys at Howry, Breen & Herman have achieved the organization’s highest distinction of AV Preeminent®.
  • Super Lawyers
    Each year, Super Lawyers® magazine publishes its list of peer-nominated/evaluated and independently reviewed attorneys. We are proud to have several attorneys who have been selected for inclusion in the prestigious Super Lawyers® list.
  • Texas Monthly Top Attorneys - Sean E. Breen
    Top Attorneys As Published In Texas Monthly
  • America's Top 100 Personal Injury Attorneys
  • Business Tort Top 10 Trial Lawyers
  • The National Top 100 Trial Lawyers
  • Best Lawyers 2019
  • Top 100 High Stakes Litigators
  • Lifetime Achievement Award
  • Best Lawyers - Lawyer of the Year | Personal Injury - Plaintiffs
  • Best Lawyers - Lawyer of the Year | Litigation - Trusts & Estates
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