Your Guide to Product Liability Law in Lubbock, Texas

Protecting Lubbock consumers from defective and dangerous products

Product liability law is the area of practice that provides compensation to a person injured by a defective product or consumer good. This could include lawsuits against manufacturers, distributors, suppliers, retailers and others in the chain of production and distribution. 

The economy of Lubbock includes industries like agriculture, energy, and healthcare, which often involve specialized products and machinery. From faulty farming equipment to unsafe medical devices, these local industries highlight the importance of robust product safety. Additionally, Lubbock residents can access local legal resources to pursue claims when injuries occur.

Specific product liability cases in Lubbock might not always make headlines—even locally—but incidents like machinery accidents, defective auto parts, and unsafe consumer goods serve as reminders of the risks involved. For example, cases involving faulty propane tanks or defective vehicles have prompted lawsuits and safety reviews in the region.

With most people purchasing many products from online retailers, big box stores, and other non-local sources, a lawsuit can be complicated. Filing a product liability claim not only helps victims recover compensation but also holds companies accountable. Successful lawsuits often lead to product recalls, stricter safety standards, and better consumer protections.

What is a Lubbock product liability lawsuit?

There are three causes of action for a Lubbock, Texas product liability lawsuit. State laws will govern how these cases are handled:

1. Manufacturing defect. This is when an error in quality control or production causes an item to be defective. It could be one product, a group of products in a batch, or an error in the manufacturing process that affects all of the products made at a certain time or in a specific location.
2. Design defect. A design defect occurs when an item is made exactly to its specifications, but the design is inherently flawed in a way that makes it dangerous for consumer use. The plaintiff (injured person) in a lawsuit would need to prove that:
   
   - a less dangerous design could have been used for the same purpose
   - the alternate design would have maintained the product’s use and utility, but there would be a lower risk of injury
   - the injuries were caused by the design defect, and not another reason
3. Failure to warn. Not every product is safe under all circumstances. For instance, no one can guarantee that a hairdryer is 100% safe. But it should be safe if used properly. That’s why the manufacturer must include warning labels, tags or instructions that specify that an electric hairdryer must not be used in the tub or placed in the sink.
   
   Failure to warn can be a cause of action for a lawsuit if the manufacturer did not provide proper warnings or instructions for using the product safely.

Can you file a lawsuit for a defective product in Lubbock?

Product liability is part of personal injury law. That means the plaintiff must prove the defendant was negligent in order to recover damages. 

The elements of negligence must apply:

• The defendant had a duty to the plaintiff. In this instance, the duty is the defendant's responsibility for manufacturing and bringing to market a product that would not cause harm if used correctly and in a way that’s foreseeable or reasonably anticipated. 
• The defendant breached their duty of care. The breach is at whatever point the manufacturer, retailer, or other party involved in the chain of commerce created a situation that would cause an injury. 
• The breach was the cause of the plaintiff’s injury. If the product happened to be defective but the defect didn’t cause the injury, then the defendant is not liable. For example, a plaintiff is repairing their roof by installing new shingles. They fall off the roof while performing the repair. They later learn that the shingles are not water-repellent because they were accidentally manufactured without the sealant that would make them repel water. Although the shingles are defective for the purpose for which they are intended, they did not cause the plaintiff to fall off the roof. 
• The product caused an actual injury. The plaintiff in the example above might have some recourse to request a refund for the shingles since they were not as advertised, but the shingles caused no physical injury. 
• The injury cost the plaintiff money, or damages. The remedy in a personal injury lawsuit is to make the plaintiff financially whole, or to restore them to the financial condition they would be in if the accident hadn’t happened. So, if the scenario above was a plaintiff falling from the roof because he had a defective ladder that caused him to fall, he could recover costs associated with medical treatment, lost wages, and other expenses caused by his physical injuries.

To distill this broader concept down to a product liability context:

You must prove that you were injured or suffered a loss that is the result of an actual defect and you used the product according to its instructions and design.

An accident that almost happened doesn’t count. Being hurt while using the product but not because of the product doesn’t count. Using the product in a way that was not recommended or specified doesn’t count.

When must you file a product liability lawsuit?

Products have expiration dates. Maybe not literally, but in the courts.

For most personal injury lawsuits, the Texas statute of limitations is two years from the date of the injury. If you do not file a lawsuit within two years from that date, the court will not hear the case. However, Texas also has a statute of repose. You may only file a product liability lawsuit for 15 years from the date the product was sold. In other words, if you were injured while using a product you’ve owned for 17 years, you may not file a product liability lawsuit, even if you were injured only a few months ago. The law gives products a lifespan of 15 years.

What is Texas strict liability law?

Strict liability, as applied to a defective product, means the manufacturer is liable for an injury caused by a defective product even if there was no negligence. In other words, the defendant is automatically liable if the plaintiff can prove they were injured by the product’s defect, without the plaintiff being required to prove the defendant was negligent. 

Why is this an exception? 

Public policy considerations drive this area of law. It discourages manufacturers from being reckless by forcing them to take every possible precaution and care when bringing items to market. This gives manufacturers and sellers incentive to make product safety a priority because they are liable for defects. 

For strict liability to be successful, the plaintiff must prove:

1. The defendant was responsible for creating and/or manufacturing the product;
2. The defect was present when the product was sold by the defendant; 
3. The product was purchased and used by the injured person; 
4. The defect caused the injury; and 
5. The injury was reasonably foreseeable because of the defect.

Where can you file a product liability lawsuit in Lubbock?

A product liability lawsuit may be filed in the Lubbock County Justice Court or small claims court. These courts have concurrent jurisdiction over civil matters worth $20,000 or less. Small claims court is a division of the county civil court, and the justice court is a county justice of the peace court. 

In small claims court, the plaintiff and defendant may present their case to a judge. In justice court, the parties often represent themselves. 

If you have a claim worth more than $20,000, or if you have questions about the process of filing a product liability claim, you can contact a Lubbock personal injury lawyer for guidance.