Experienced Texas Product Liability Lawyers Taking on Major Manufacturers

Every day, Texans use thousands of products – from the cars we drive to the medical devices that keep us healthy, from the tools we use at work to the toys our children play with. We have a right to expect that these products are safe when used as intended. Unfortunately, some manufacturers prioritize profits over safety, releasing dangerous and defective products that seriously injure or kill innocent consumers.

When defective products cause injuries, victims face an uphill battle against some of the world’s largest and most powerful corporations. These companies have teams of lawyers, unlimited resources, and decades of experience fighting product liability claims. They often try to blame users for “misusing” products or claim that injuries were caused by something other than their defective products.

At Harper Law Firm, we level the playing field for injured consumers. As experienced Texas product liability lawyers, we have the knowledge, resources, and determination to take on major manufacturers when their defective products cause serious injuries. We’re not intimidated by corporate legal teams, and we won’t be bought off with inadequate settlement offers. We’re true litigation attorneys who fight for justice and accountability in the marketplace.

Why Choose Harper Law Firm for Your Texas Product Liability Case?

Experience Fighting Major Corporations

Product liability cases often involve some of the world’s largest companies with virtually unlimited legal resources. We have experience taking on:

• Automotive manufacturers and parts suppliers
• Medical device and pharmaceutical companies
• Consumer product manufacturers
• Industrial equipment manufacturers
• Chemical and pesticide companies

Resources for Complex Litigation

Product liability cases require significant financial resources to properly investigate and prosecute:

• Expert witnesses who can analyze product defects
• Engineers and scientists who understand product design and manufacturing
• Medical experts who can link injuries to product defects
• Economic experts who can calculate lifetime damages
• Product testing and failure analysis capabilities

Understanding of Product Liability Law

Texas product liability law is complex and involves multiple legal theories:

• Design defects: Products that are inherently dangerous due to poor design
• Manufacturing defects: Products that are improperly made or assembled
• Marketing defects: Inadequate warnings or instructions for safe use
• Strict liability: Holding manufacturers liable regardless of negligence
• Breach of warranty: When products don’t perform as promised

Statewide Texas Representation

We represent product liability victims throughout Texas, from our San Antonio base. Product defects affect consumers statewide, and we have the experience to handle cases in all Texas courts.

Common Types of Defective Products in Texas

Automotive Defects

Vehicle defects can cause catastrophic accidents and injuries:

Airbag Defects:

• Takata airbag explosions that send metal shrapnel into vehicle occupants
• Airbags that fail to deploy in accidents
• Airbags that deploy unexpectedly while driving
• Chemical burns from airbag deployment

Brake System Failures:

• Brake pedal defects that cause sudden brake failure
• Anti-lock brake system (ABS) malfunctions
• Brake fluid leaks and hydraulic failures
• Electronic brake system software defects

Tire Defects:

• Tread separation causing blowouts and rollovers
• Sidewall failures and sudden deflation
• Manufacturing defects in tire construction
• Inadequate warnings about proper inflation and maintenance

Electronic System Defects:

• Unintended acceleration due to electronic throttle control defects
• Power steering failures that make vehicles hard to control
• Electronic stability control malfunctions
• Infotainment system defects that distract drivers

Fuel System Defects:

• Fuel tank ruptures in accidents causing fires
• Fuel pump failures that cause sudden engine shutdown
• Fuel line leaks that create fire hazards
• Emissions system defects that pose health risks

Medical Devices and Pharmaceuticals

Defective medical products can cause serious health complications:

Implantable Devices:

• Hip and knee implants that fail prematurely or cause metal poisoning
• Heart pacemakers and defibrillators with software defects
• Spinal fusion hardware that breaks or migrates
• Breast implants that rupture or cause autoimmune reactions

Surgical Devices:

• Surgical mesh that erodes or causes organ damage
• Robotic surgery equipment malfunctions
• Defective surgical instruments that break during procedures
• Sterilization equipment that fails to prevent infections

Pharmaceutical Defects:

• Prescription drugs with undisclosed serious side effects
• Over-the-counter medications with contamination
• Vaccines with manufacturing defects
• Generic drugs that don’t perform equivalent to brand names

Diagnostic Equipment:

• MRI machines with defective safety systems
• X-ray equipment that delivers excessive radiation
• Blood glucose monitors with inaccurate readings
• Laboratory equipment that provides false test results

Consumer Products

Everyday consumer products can contain hidden dangers:

Household Appliances:

• Washing machines that vibrate excessively and tip over
• Dryers that overheat and cause fires
• Refrigerators with defective compressors that leak toxic chemicals
• Dishwashers with door latches that fail and cause flooding

Electronics and Technology:

• Cell phones and laptops with batteries that overheat and explode
• Hoverboards and e-scooters with defective batteries
• Smart home devices with security vulnerabilities
• Gaming systems that overheat and cause fires

Children’s Products:

• Cribs with defective drop-side rails that can trap infants
• Car seats that fail in crashes or have defective harnesses
• Toys with small parts that pose choking hazards
• High chairs and strollers with tipping or collapse risks

Furniture and Home Goods:

• Dressers and furniture that tip over and crush children
• Mattresses and furniture with flame retardants that cause health problems
• Exercise equipment with defective safety mechanisms
• Tools and equipment with inadequate guards or safety features

Industrial and Workplace Products

Defective industrial products can cause serious workplace injuries:

Construction Equipment:

• Scaffolding that collapses due to design or manufacturing defects
• Power tools with defective safety guards
• Heavy machinery with inadequate rollover protection
• Personal protective equipment that fails to protect workers

Chemical Products:

• Industrial chemicals without adequate safety warnings
• Pesticides and herbicides that cause cancer or other health problems
• Cleaning products with toxic ingredients not listed on labels
• Solvents and adhesives that cause respiratory or neurological damage

Safety Equipment:

• Hard hats that crack or fail on impact
• Safety harnesses with defective buckles or webbing
• Respirators that don’t filter dangerous particles
• Emergency equipment that fails when needed

Types of Product Defects Under Texas Law

Design Defects

Design defects exist when products are inherently dangerous due to poor design, even when manufactured correctly:

Legal Standard:

• The product’s design is unreasonably dangerous
• The risks outweigh the benefits of the design
• A safer alternative design was feasible
• The alternative design would not substantially impair the product’s utility

Examples of Design Defects:

• SUVs with high centers of gravity that make them prone to rollovers
• Power tools without adequate safety guards
• Medications with inherently dangerous side effects
• Car seats that don’t provide adequate protection in side-impact crashes

Proving Design Defects:

• Expert testimony about safer alternative designs
• Industry standards and best practices
• Government safety regulations and standards
• Risk-benefit analysis of the product design

Manufacturing Defects

Manufacturing defects occur when products are improperly made, even though the design is safe:

Legal Standard:

• The product departed from its intended design
• The defect made the product unreasonably dangerous
• The defect existed when the product left the manufacturer’s control

Examples of Manufacturing Defects:

• Cars with improperly installed airbags or brake systems
• Medications with contamination or wrong ingredients
• Furniture with defective welds or joints
• Electronics with faulty wiring or components

Proving Manufacturing Defects:

• Product inspection and testing
• Manufacturing records and quality control documents
• Expert analysis of the specific product that caused injury
• Comparison with properly manufactured products

Marketing Defects (Failure to Warn)

Marketing defects involve inadequate warnings or instructions about product dangers:

Legal Standard:

• The product had risks that weren’t obvious to ordinary users
• Adequate warnings or instructions could have reduced the risk
• The manufacturer failed to provide adequate warnings or instructions

Examples of Marketing Defects:

• Prescription drugs without warnings about serious side effects
• Power tools without warnings about specific dangers
• Chemicals without adequate safety instructions
• Children’s products without age-appropriate warnings

Proving Marketing Defects:

• Expert testimony about adequate warning requirements
• Industry standards for warnings and instructions
• Consumer expectation evidence
• Feasibility of providing better warnings

Strict Liability vs. Negligence

Texas recognizes both strict liability and negligence theories in product liability cases:

Strict Liability:

• Manufacturer is liable regardless of fault or negligence
• Focus is on whether the product was unreasonably dangerous
• No need to prove the manufacturer knew about the defect
• Applies to manufacturers, but not always to retailers or distributors

Negligence:

• Must prove the manufacturer failed to exercise reasonable care
• Focus is on the manufacturer’s conduct, not just the product
• May allow recovery of punitive damages in egregious cases
• Can apply to all parties in the distribution chain

Who Can Be Held Liable in Texas Product Liability Cases?

Manufacturers

Primary liability typically falls on product manufacturers:

• Original equipment manufacturers (OEMs) who design and produce products
• Component manufacturers who make parts used in finished products
• Private label manufacturers who produce products sold under other brand names
• Successor corporations who acquire manufacturing companies

Distributors and Wholesalers

Intermediate parties in the distribution chain may also be liable:

• Distributors who purchase products from manufacturers for resale
• Wholesalers who sell products to retailers
• Importers who bring foreign-made products into the United States
• Franchisors who may have control over product standards

Retailers

Stores and retailers may be liable under certain circumstances:

• Strict liability may apply to retailers in some cases
• Negligence if retailers knew or should have known about defects
• Warranty liability for products that don’t perform as promised
• Independent liability for retailers who modify or alter products

Other Potentially Liable Parties

Depending on the circumstances, other parties may be liable:

• Lessors who rent or lease defective products
• Assemblers who put together component parts
• Installers who improperly install products
• Repairers whose negligent repairs create new dangers

Corporate Structure and Liability

Large manufacturers often use complex corporate structures to limit liability:

• Subsidiary companies with limited assets
• Holding companies that don’t directly manufacture products
• Offshore manufacturing that complicates jurisdiction and liability
• Corporate spin-offs designed to avoid legacy liability

We have experience piercing corporate veils and identifying all potentially liable parties with sufficient assets to pay judgments.

Challenges in Texas Product Liability Cases

Statute of Limitations and Repose

Texas has specific time limits for product liability cases:

Statute of Limitations:

• Generally two years from when the injury occurred or was discovered
• Discovery rule may extend the deadline if defects weren’t immediately apparent
• Different rules may apply to different types of products or injuries

Statute of Repose:

• Texas has a 15-year statute of repose for most product liability claims
• This creates an absolute deadline regardless of when injury is discovered
• Some exceptions exist for products with extended useful lives
• Medical devices and pharmaceuticals may have different rules

Proving Causation

Linking injuries to specific product defects can be challenging:

But-For Causation:

• Must prove the defect was a cause-in-fact of the injury
• Other potential causes must be ruled out or accounted for
• Expert testimony often required to establish causal links

Proximate Causation:

• Must prove the defect was a foreseeable cause of the injury
• Intervening causes may break the causal chain
• Misuse or alteration of products can affect causation

Medical Causation:

• Particularly challenging in cases involving diseases or long-term health effects
• May require epidemiological studies and complex medical testimony
• Differential diagnosis may be needed to rule out other causes

Product Misuse and Alteration

Manufacturers often defend cases by claiming product misuse:

Foreseeable Misuse:

• Manufacturers must anticipate reasonable misuse of products
• Products should be designed to be safe even when misused in foreseeable ways
• Warnings should address foreseeable misuse patterns

Unforeseeable Misuse:

• Truly unforeseeable misuse may bar recovery
• Burden is on manufacturer to prove misuse was unforeseeable
• What constitutes “unforeseeable” varies by product and circumstances

Product Alteration:

• Substantial alterations may relieve manufacturer liability
• Minor alterations that don’t affect safety may not bar recovery
• Burden often shifts depending on who made alterations and when

Preemption Issues

Federal regulation may preempt some state product liability claims:

Express Preemption:

• Federal statutes may explicitly preempt state law claims
• Medical devices, pharmaceuticals, and vehicles often have federal oversight
• Preemption analysis requires detailed understanding of federal regulations

Implied Preemption:

• Federal regulations may impliedly preempt conflicting state requirements
• Courts analyze whether state law claims conflict with federal standards
• Preemption doctrine continues to evolve through court decisions

Savings Clauses:

• Some federal statutes preserve state law remedies
• Savings clauses may allow certain types of claims while preempting others
• Interpretation of savings clauses often requires specialized expertise

The Investigation Process in Product Liability Cases

Preserving the Product and Evidence

Immediate evidence preservation is crucial in product liability cases:

Product Preservation:

• Securing the actual product that caused injury
• Preventing alteration or destruction of evidence
• Proper storage to maintain chain of custody
• Documentation of product condition and markings

Scene Documentation:

• Photographing accident scenes and circumstances
• Measuring and documenting relevant factors
• Identifying and preserving related evidence
• Interviewing witnesses while memories are fresh

Medical Evidence:

• Securing medical records and imaging studies
• Ensuring proper documentation of injuries
• Obtaining treating physician opinions about causation
• Preserving tissue samples or other medical evidence when relevant

Product Testing and Analysis

Scientific analysis is often essential to prove defects:

Failure Analysis:

• Determining how and why products failed
• Identifying specific defects or design problems
• Testing products under various conditions
• Comparing failed products to properly functioning ones

Engineering Analysis:

• Reviewing product design and manufacturing processes
• Analyzing whether safer alternatives were available
• Testing alternative designs or configurations
• Evaluating compliance with industry standards

Chemical Analysis:

• Testing for contamination or wrong ingredients
• Analyzing chemical composition and purity
• Evaluating chemical interactions and stability
• Testing for undisclosed or dangerous substances

Document Discovery and Investigation

Product liability cases require extensive document discovery:

Design and Development Records:

• Engineering drawings, specifications, and design changes
• Testing data and safety evaluations
• Communications about safety concerns or problems
• Decision-making documents about design choices

Manufacturing Records:

• Quality control and inspection records
• Manufacturing procedures and work instructions
• Supplier qualification and incoming inspection records
• Non-conformance and corrective action reports

Marketing and Sales Documents:

• Advertising materials and sales presentations
• Warning and instruction development records
• Customer complaints and service records
• Training materials for sales and service personnel

Regulatory and Compliance Records:

• Government inspection reports and correspondence
• Recall notices and safety communications
• Industry standard compliance documentation
• Third-party testing and certification records

Expert Witness Development

Product liability cases require multiple types of expert witnesses:

Engineering Experts:

• Mechanical, electrical, or chemical engineers depending on product type
• Experts in product design, manufacturing, and testing
• Safety engineers who understand risk assessment and management
• Human factors experts who study user interaction with products

Medical Experts:

• Specialists relevant to the specific injuries involved
• Experts who can link injuries to product defects
• Rehabilitation specialists for long-term care planning
• Epidemiologists for cases involving disease or long-term health effects

Economic Experts:

• Economists who can calculate lifetime earnings losses
• Life care planners for serious injury cases
• Vocational rehabilitation experts for career impact assessment
• Business valuation experts for commercial losses

Industry Experts:

• Former industry executives who understand company practices
• Regulatory experts who understand applicable standards
• Quality control experts who understand manufacturing processes
• Marketing experts who understand advertising and warning practices

Types of Compensation in Texas Product Liability Cases

Economic Damages

Product liability cases often involve substantial economic losses:

Medical Expenses:

• Emergency treatment and hospitalization
• Surgery and specialized medical procedures
• Rehabilitation and physical therapy
• Ongoing medical care and future treatment needs
• Medical equipment and assistive devices
• Home modifications for accessibility

Lost Income and Earning Capacity:

• Wages lost during recovery and treatment
• Reduced earning capacity due to permanent injuries
• Lost business income for self-employed individuals
• Benefits and bonuses that would have been earned
• Retirement contributions and other compensation
• Career change costs and retraining expenses

Property Damage:

• Replacement or repair of damaged property
• Loss of use during repair or replacement
• Diminished value of repaired property
• Related costs like towing, storage, or rental

Non-Economic Damages

These compensate for subjective losses that are difficult to quantify:

Pain and Suffering:

• Physical pain from injuries and medical treatment
• Emotional distress and mental anguish
• Loss of enjoyment of life and activities
• Permanent scarring, disfigurement, or disability
• Impact on relationships and quality of life

Loss of Consortium:

• Impact on spousal relationships and intimacy
• Loss of companionship and emotional support
• Effect on family dynamics and activities
• Changes in marital and family relationships due to injuries

Punitive Damages

Texas allows punitive damages in product liability cases involving gross negligence:

When Available:

• Manufacturer knew about dangers but failed to act
• Conscious disregard for consumer safety
• Fraud or intentional concealment of known defects
• Pattern of prioritizing profits over safety

Limitations:

• Limited to greater of $200,000 or two times economic damages plus non-economic damages up to $750,000
• Must be proven by clear and convincing evidence
• Jury must make specific findings about gross negligence or malice

Wrongful Death Damages

When defective products cause death, surviving families may recover:

Economic Losses:

• Funeral and burial expenses
• Lost future earnings and benefits of the deceased
• Loss of inheritance expectations
• Medical expenses related to final injury or illness

Non-Economic Losses:

• Mental anguish and grief of surviving family members
• Loss of companionship, society, and comfort
• Loss of care, maintenance, and services
• Impact on children and family relationships

How Harper Law Firm Handles Product Liability Cases

Immediate Response and Investigation

When you contact us about a potential product liability case, we act quickly:

Evidence Preservation:

• Securing the defective product and related evidence
• Sending preservation letters to prevent evidence destruction
• Photographing and documenting the product and accident scene
• Obtaining medical records and treating physician reports

Preliminary Investigation:

• Researching the product and manufacturer
• Checking for previous recalls or safety warnings
• Identifying similar accidents or injuries
• Consulting with relevant experts about potential claims

Case Evaluation:

• Analyzing the strength of potential claims
• Identifying all potentially liable parties
• Assessing available insurance and assets
• Determining the best legal theories to pursue

Comprehensive Case Development

We prepare product liability cases thoroughly:

Expert Witness Retention:

• Selecting the best experts for your specific case
• Providing experts with all relevant materials and information
• Coordinating expert testing and analysis
• Preparing experts for deposition and trial testimony

Discovery and Investigation:

• Conducting extensive document discovery
• Taking depositions of company personnel and experts
• Obtaining internal company documents and communications
• Investigating the product’s design, manufacture, and marketing

Legal Research:

• Analyzing applicable laws and regulations
• Researching similar cases and precedents
• Staying current with evolving product liability law
• Addressing preemption and other complex legal issues

Negotiation and Trial Strategy

Our approach to resolving product liability cases includes:

Settlement Negotiations:

• Presenting comprehensive demand packages to defendants
• Using expert reports and demonstrative evidence
• Negotiating from a position of strength based on thorough preparation
• Ensuring settlements adequately compensate for all damages

Trial Preparation:

• Preparing compelling trial presentations and demonstrative evidence
• Organizing complex technical evidence for jury understanding
• Preparing witnesses for effective trial testimony
• Developing themes that resonate with jurors

Trial Advocacy:

• Presenting complex technical evidence in understandable ways
• Cross-examining defense experts and company witnesses
• Using technology and demonstrative evidence effectively
• Arguing for appropriate damages based on full impact of injuries

Resources and Financial Commitment

Product liability cases require significant resources:

Financial Investment:

• Advancing all case expenses including expert witness fees
• Funding extensive discovery and investigation
• Investing in product testing and analysis
• Preparing for potentially lengthy litigation

Expert Network:

• Relationships with top experts in relevant fields
• Access to specialized testing facilities and equipment
• Connections with former industry insiders and whistleblowers
• Network of medical and economic experts for damages analysis

Technology and Demonstrative Evidence:

• Advanced litigation support technology
• Computer animation and video production capabilities
• Day-in-the-life documentaries for serious injury cases
• Trial presentation technology for complex evidence

Recent Product Liability Issues and Recalls

Automotive Recalls

Recent automotive defects have affected millions of vehicles:

Takata Airbag Recalls:

• Largest automotive recall in history affecting multiple manufacturers
• Airbag inflators explode sending metal shrapnel into occupants
• Multiple deaths and hundreds of injuries reported
• Ongoing recalls and replacement programs

Tesla Autopilot Issues:

• Accidents involving Tesla’s semi-autonomous driving features
• Questions about adequacy of warnings and driver monitoring
• Software updates that may not address fundamental design issues
• Regulatory investigations and potential recalls

General Motors Ignition Switch Defects:

• Ignition switches that turn off while driving
• Loss of power steering, brakes, and airbag deployment
• Multiple deaths and injuries before recall was announced
• Criminal charges and massive civil settlements

Medical Device Recalls

Medical device defects can have devastating health consequences:

Hip Implant Failures:

• Metal-on-metal hip implants that release toxic metal ions
• Premature failure requiring revision surgery
• Tissue damage and systemic health effects
• Thousands of lawsuits against multiple manufacturers

Surgical Mesh Complications:

• Hernia and pelvic mesh that erodes or migrates
• Organ damage and chronic pain
• Infections and need for removal surgery
• FDA warnings and restrictions on certain mesh products

IVC Filter Problems:

• Blood clot filters that break apart or migrate
• Pieces that travel to heart or other organs
• Difficulty removing filters when no longer needed
• Thousands of injuries and lawsuits

Consumer Product Dangers

Everyday consumer products continue to cause injuries:

Samsung Galaxy Note 7 Batteries:

• Overheating batteries that caused phones to catch fire
• Airplane bans and global recall
• Replacement phones that also overheated
• Billions in recall costs and reputation damage

Fidget Spinner Injuries:

• Small parts that detach and cause choking
• Sharp edges that cut children
• Batteries that overheat in electronic versions
• Lead paint and other toxic substances

Essential Oil Diffuser Burns:

• Devices that overheat and cause fires
• Hot water and steam burns
• Electrical defects that cause shock
• Lack of adequate warnings about burn risks

Frequently Asked Questions About Texas Product Liability

How long do I have to file a product liability lawsuit in Texas?

Generally two years from when you discovered or should have discovered your injury, but Texas also has a 15-year statute of repose that creates an absolute deadline regardless of when injury is discovered. Time limits can be complex in product cases, so contact an attorney quickly.

What if I misused the product or didn’t follow instructions?

You may still have a valid claim if your misuse was foreseeable or if the product should have been designed to be safer even when misused. Not reading instructions doesn’t automatically bar recovery if the product was unreasonably dangerous.

Can I sue if the product was recalled after my injury?

Yes, recalls often provide evidence that manufacturers knew about defects. However, participating in recall remedies doesn’t prevent you from filing a lawsuit for injuries that already occurred.

What if I bought the product used or from a yard sale?

You may still have a claim against the original manufacturer, though your claims against retailers might be limited. Product liability typically follows the product regardless of how many times it changes hands.

Do I need to have the actual product that injured me?

Having the actual product is extremely helpful but not always required. We may be able to prove defects through similar products, company documents, or expert testimony about the product line.

What if the company claims the product met government safety standards?

Compliance with government standards doesn’t automatically protect manufacturers from liability. Standards are often minimum requirements, and manufacturers may still be liable if products are unreasonably dangerous despite meeting standards.

Can I join a class action lawsuit for product defects?

Class actions are available for some product cases, particularly those involving economic losses. However, individual injury cases often require separate lawsuits because damages vary significantly between plaintiffs.

Serving Product Liability Victims Throughout Texas

Harper Law Firm represents product liability victims throughout Texas, including:

Urban Areas

• San Antonio: Our home base with extensive local court experience
• Houston: Major port city where many imported products enter the United States
• Dallas-Fort Worth: Major metropolitan area with numerous product-related injuries
• Austin: State capital with growing technology sector and related product issues

Industrial Areas

• Beaumont/Port Arthur: Petrochemical industry with workplace product exposures
• Corpus Christi: Refining and chemical processing with industrial product issues
• Midland/Odessa: Oil and gas industry with specialized equipment and tool defects
• East Texas: Manufacturing areas with workplace product liability issues

Border Areas

• El Paso: International trade and imported product issues
• Laredo: Major trade gateway with product importation issues
• Brownsville: Border trade and product safety concerns
• McAllen: Agricultural and trade-related product exposures

Rural Areas

Many product defects affect rural communities:

• Agricultural equipment and chemical defects
• Consumer products sold in smaller communities
• Medical devices and pharmaceuticals affecting rural populations
• Automotive defects affecting vehicles used in rural settings

Contact Harper Law Firm for Your Texas Product Liability Case

If you’ve been injured by a defective or dangerous product in Texas, don’t try to take on major manufacturers alone. Product liability cases are among the most complex areas of personal injury law, requiring extensive resources, specialized knowledge, and the willingness to fight powerful corporate interests.

Harper Law Firm has the experience, resources, and commitment to hold manufacturers accountable when their defective products cause serious injuries. We understand that these cases often involve your word against teams of corporate lawyers, expert witnesses, and public relations professionals. That’s why we prepare every case thoroughly and aren’t afraid to take corporations to trial when they refuse to accept responsibility.

What We Offer Product Liability Victims

• Free Consultations to evaluate your case and explain your rights
• No Fees Unless We Win your case
• Extensive Resources to fund complex litigation against major corporations
• Network of Expert Witnesses in engineering, medicine, and industry practices
• Statewide Representation throughout Texas
• True Litigation Experience when corporations won’t offer fair settlements

Why Immediate Action Is Important

Don’t delay in contacting us because:

• Evidence can be destroyed or disappear quickly
• Witnesses’ memories fade over time
• Companies begin building their defense immediately
• Statutes of limitations can bar claims if you wait too long
• Product testing and analysis take time to complete properly

Getting Started Is Easy

Taking the first step is simple:

1. Call us for your free consultation
2. Bring the defective product if you still have it
3. Gather relevant documents like receipts, warranties, and medical records
4. Tell us what happened and how the product injured you
5. Learn about your rights and legal options

Don’t let manufacturers escape responsibility for putting dangerous products in the marketplace. When companies prioritize profits over safety, someone needs to hold them accountable.

Call Harper Law Firm today for your free consultation. We’re here to fight for your rights and help you get the justice and compensation you deserve.

Working with Harper Law Firm on Your Product Liability Case

Our Initial Case Evaluation Process

When you contact Harper Law Firm about a potential product liability case, we begin with a thorough evaluation:

Free Consultation:

• No-cost initial meeting to discuss your situation
• Review of available evidence and documentation
• Preliminary assessment of potential claims and liable parties
• Explanation of your legal rights and options

Product Analysis:

• Examination of the defective product if available
• Research into the product’s history and any known problems
• Investigation of recalls, safety warnings, or regulatory actions
• Identification of similar cases or patterns of defects

Medical Review:

• Analysis of medical records and treatment documentation
• Consultation with medical experts about injury causation
• Assessment of current and future medical needs
• Evaluation of the full impact of injuries on your life

Liability Assessment:

• Identification of all potentially responsible parties
• Research into corporate structures and insurance coverage
• Analysis of applicable legal theories and potential defenses
• Strategic planning for case development and prosecution

Building Your Case

We approach product liability cases systematically:

Evidence Preservation and Collection:

• Securing the defective product and all related evidence
• Sending litigation hold notices to prevent evidence destruction
• Gathering manufacturing records, design documents, and safety testing data
• Collecting witness statements and expert opinions

Expert Witness Development:

• Retaining leading experts in relevant fields
• Providing experts with comprehensive case materials
• Coordinating expert testing and analysis of the defective product
• Preparing experts for depositions and trial testimony

Discovery and Investigation:

• Conducting extensive document discovery from manufacturers
• Taking depositions of company executives, engineers, and safety personnel
• Investigating the product development and manufacturing process
• Uncovering internal communications about known dangers or defects

Damages Documentation:

• Working with medical experts to document all injuries and treatment
• Consulting with economic experts to calculate lifetime losses
• Preparing life care plans for serious injury cases
• Documenting the full impact of injuries on your life and family

Our Litigation Strategy

Product liability cases require sophisticated litigation strategies:

Comprehensive Case Preparation:

• Developing multiple legal theories to maximize recovery options
• Preparing for all potential defenses and countarguments
• Creating compelling demonstrative evidence and trial presentations
• Organizing complex technical evidence for jury understanding

Aggressive Discovery:

• Using all available discovery tools to obtain crucial evidence
• Fighting corporate attempts to hide or destroy evidence
• Pursuing sanctions when companies fail to comply with discovery orders
• Uncovering patterns of similar defects or injuries

Settlement Negotiations:

• Presenting comprehensive demand packages backed by thorough investigation
• Negotiating from positions of strength based on solid evidence
• Using expert reports and demonstrative evidence to support demands
• Ensuring settlements adequately compensate for all current and future damages

Trial Advocacy:

• Presenting complex technical evidence in ways juries can understand
• Using advanced technology and visual aids to illustrate key points
• Cross-examining corporate witnesses and defense experts effectively
• Arguing passionately for accountability and appropriate compensation

Resources We Bring to Your Case

Product liability litigation requires substantial resources:

Financial Commitment:

• Advancing all case expenses including expert witness fees
• Funding extensive product testing and failure analysis
• Investing in cutting-edge demonstrative evidence and trial technology
• Providing the financial staying power to outlast corporate delay tactics

Expert Network:

• Relationships with top experts in engineering, medicine, and industry practices
• Access to specialized testing facilities and laboratories
• Connections with former industry insiders who understand corporate practices
• Network of economists and life care planners for complex damages analysis

Technology and Innovation:

• State-of-the-art litigation support and case management systems
• Advanced demonstrative evidence including computer animations and models
• Day-in-the-life videos and other compelling visual presentations
• Cutting-edge trial presentation technology for maximum impact

Experience and Knowledge:

• Deep understanding of product liability law and corporate defense strategies
• Experience with complex federal and state regulatory frameworks
• Knowledge of industry standards and best practices across multiple sectors
• Understanding of corporate structures and insurance coverage issues

Understanding Product Recalls and Safety Warnings

How Product Recalls Work

When defective products are identified, recalls may be issued:

Voluntary Recalls:

• Manufacturers initiate recalls when they discover safety problems
• Companies work with regulatory agencies to coordinate recall efforts
• Voluntary recalls don’t prevent liability for injuries that already occurred
• Early voluntary recalls may indicate manufacturer knowledge of defects

Mandatory Recalls:

• Government agencies order recalls when manufacturers refuse to act
• Mandatory recalls often indicate serious safety hazards
• Agencies have enforcement powers including fines and criminal charges
• Mandatory recalls may provide evidence of manufacturer negligence

Recall Effectiveness:

• Many recalled products are never returned or repaired
• Consumers may be unaware of recalls affecting products they own
• Recall remedies may be inadequate to address safety problems
• Poor recall execution doesn’t excuse manufacturer liability

Safety Warnings and Advisories

Various agencies issue safety warnings about dangerous products:

FDA Safety Communications:

• Warnings about medical devices and pharmaceutical safety issues
• Black box warnings for prescription medications
• Medical device safety alerts and advisories
• Recommendations for healthcare providers and patients

CPSC Safety Alerts:

• Consumer Product Safety Commission warnings about household products
• Safety alerts about children’s products and toys
• Warnings about appliances, tools, and recreational products
• Recall announcements and safety recommendations

NHTSA Safety Recalls:

• National Highway Traffic Safety Administration automotive recalls
• Safety defect investigations and technical bulletins
• Tire safety warnings and vehicle safety ratings
• Recommendations for vehicle owners and dealers

Using Recalls and Warnings in Litigation

Recalls and safety warnings can provide crucial evidence:

Evidence of Knowledge:

• Recalls demonstrate manufacturer awareness of safety problems
• Internal documents about recall decisions may show knowledge of risks
• Timing of recalls relative to injury occurrences can be significant
• Delay in issuing recalls may indicate corporate negligence

Scope of Problems:

• Recall scope indicates how widespread defects may be
• Similar injuries in other cases can establish patterns
• Recall remedies may demonstrate feasible alternative designs
• Ongoing problems after recalls may show inadequate solutions

Corporate Priorities:

• Cost-benefit analyses about recalls may show profit-over-safety priorities
• Internal communications about recall decisions can be damaging
• Resistance to recalls may demonstrate conscious disregard for safety
• Inadequate recall efforts may show continued negligence

Special Considerations for Different Types of Products

Pharmaceutical and Medical Device Cases

Medical product liability cases have unique challenges:

FDA Regulation and Preemption:

• Federal preemption may bar some state law claims
• FDA approval doesn’t guarantee product safety
• Off-label use and inadequate warnings create liability opportunities
• Post-market surveillance requirements may provide evidence

Clinical Trial Data:

• Clinical trial results may show known side effects
• Suppressed or manipulated trial data can support fraud claims
• Adverse event reports provide evidence of known problems
• International trial data may reveal different safety profiles

Medical Community Standards:

• Physician prescribing patterns and recommendations
• Medical literature about product safety and effectiveness
• Professional organization warnings and guidelines
• Hospital and health system policies about product use

Automotive Product Liability

Vehicle defect cases involve complex technical and regulatory issues:

Federal Motor Vehicle Safety Standards:

• NHTSA regulations establish minimum safety requirements
• Compliance with standards doesn’t prevent liability for design defects
• Testing data and crash test results may support or contradict claims
• Regulatory investigations can provide crucial evidence

Automotive Industry Standards:

• Society of Automotive Engineers (SAE) standards and best practices
• Industry testing protocols and safety evaluation methods
• Supplier qualification requirements and quality standards
• Recall and safety performance across the industry

Vehicle System Integration:

• Modern vehicles involve complex interactions between multiple systems
• Software and electronic system defects create new liability theories
• Cybersecurity vulnerabilities may constitute design defects
• Autonomous and semi-autonomous features raise novel liability questions

Consumer Electronics and Technology

Technology product defects create evolving liability issues:

Software Defects and Updates:

• Software bugs that cause device malfunctions or safety hazards
• Inadequate software updates that fail to address known problems
• Privacy and security vulnerabilities that expose users to harm
• Planned obsolescence practices that may constitute deceptive practices

Battery and Electrical Safety:

• Lithium-ion battery fires and explosions in various devices
• Electrical shock and fire hazards from defective wiring or components
• Electromagnetic interference that affects medical devices or other electronics
• Heat generation that causes burns or fire hazards

User Interface and Human Factors:

• Confusing or dangerous user interfaces that lead to accidents
• Inadequate warnings about proper use and safety precautions
• Design features that encourage unsafe behavior or distracted use
• Accessibility issues that make products dangerous for disabled users

Children’s Products and Toys

Products designed for children require special safety considerations:

Age-Appropriate Design:

• Products must be designed for the intended age group’s capabilities
• Foreseeable misuse by children must be considered in design
• Small parts and choking hazards require careful evaluation
• Chemical safety and toxicity concerns are heightened for children’s products

Supervision and Warning Issues:

• Warnings must be appropriate for the adult supervisors as well as child users
• Products requiring adult supervision must clearly communicate this requirement
• Safety features should not rely solely on adult supervision
• Instructions must be clear and comprehensive for safe use

Developmental Considerations:

• Children’s physical and cognitive development affects product safety
• Products must account for children’s natural curiosity and behavior
• Safety testing must consider how children actually use products
• Long-term exposure risks may be more significant for developing children

The Role of Government Agencies in Product Safety

Consumer Product Safety Commission (CPSC)

The CPSC regulates consumer product safety:

Regulatory Authority:

• Power to require recalls, issue safety standards, and ban dangerous products
• Investigation authority for product-related injuries and deaths
• Enforcement powers including civil and criminal penalties
• Coordination with manufacturers on voluntary safety measures

CPSC Databases and Reports:

• National Electronic Injury Surveillance System (NEISS) data
• Consumer complaint and incident report databases
• Product recall and safety alert archives
• Annual reports on product-related injuries and deaths

Using CPSC Information:

• CPSC investigations can provide evidence of product defects
• Injury surveillance data may show patterns of product-related harm
• Regulatory actions demonstrate government recognition of safety problems
• CPSC expert testimony may be available in appropriate cases

Food and Drug Administration (FDA)

The FDA regulates medical products and some consumer goods:

Medical Device Regulation:

• Pre-market approval and 510(k) clearance processes
• Post-market surveillance and adverse event reporting requirements
• Medical device recalls and safety communications
• Quality system regulations for medical device manufacturers

Pharmaceutical Oversight:

• New drug application (NDA) and biologics license application (BLA) processes
• Adverse event reporting and safety signal detection
• Risk evaluation and mitigation strategies (REMS) for dangerous drugs
• Good manufacturing practice (GMP) requirements

FDA Enforcement Actions:

• Warning letters to manufacturers about safety violations
• Consent decrees and injunctive actions against non-compliant companies
• Civil and criminal enforcement actions for serious violations
• Import alerts and detention of dangerous products

National Highway Traffic Safety Administration (NHTSA)

NHTSA regulates motor vehicle safety:

Vehicle Safety Standards:

• Federal Motor Vehicle Safety Standards (FMVSS) for new vehicles
• Crash testing and safety rating programs
• Recall authority for safety-related defects
• Defect investigation and enforcement procedures

NHTSA Databases:

• Vehicle Identification Number (VIN) lookup for recall information
• Complaint and investigation databases
• Crash test data and safety ratings
• Technical bulletins and safety advisories

Regulatory Actions:

• Safety defect investigations and recall orders
• Civil penalties for manufacturers who fail to report defects
• Consent orders and corrective action plans
• Coordination with international safety agencies

International Product Liability Considerations

Imported Products and Liability

Many defective products are manufactured overseas:

Jurisdiction and Service of Process:

• Difficulty serving foreign manufacturers with legal papers
• Personal jurisdiction challenges for foreign companies
• Forum selection and choice of law issues
• Enforcement of judgments against foreign entities

Import and Distribution Chain Liability:

• U.S. importers may be liable as if they were manufacturers
• Distributors and retailers may have enhanced liability for foreign products
• Customs and import documentation may provide evidence
• Supply chain documentation and quality control records

International Safety Standards:

• Different safety standards in manufacturing countries
• International Organization for Standardization (ISO) standards
• European Union CE marking and safety requirements
• Comparison of safety standards across different markets

Multinational Corporations

Large corporations often have complex international structures:

Corporate Structure Analysis:

• Parent and subsidiary relationships across multiple countries
• Design and manufacturing responsibilities in different jurisdictions
• Quality control and safety oversight across international operations
• Asset location and judgment enforcement considerations

International Recall and Safety Data:

• Product recalls and safety actions in other countries
• Regulatory investigations and enforcement actions abroad
• Scientific studies and safety data from international markets
• Different warning and instruction requirements in various countries

Choice of Law and Forum:

• Determining which state or country’s laws apply
• Forum selection clauses in product warranties and agreements
• Convenience and fairness considerations for international litigation
• Recognition and enforcement of judgments across borders

Insurance Coverage in Product Liability Cases

Manufacturer Insurance

Product manufacturers typically carry multiple types of insurance:

Commercial General Liability (CGL):

• Basic liability coverage for bodily injury and property damage
• Product liability coverage for defective products
• Coverage limits and deductibles that affect potential recovery
• Exclusions that may limit coverage for certain types of claims

Product Recall Insurance:

• Coverage for costs of recalling defective products
• Business interruption coverage for recall-related losses
• Crisis management and public relations coverage
• Coordination with liability coverage for injury claims

Professional Liability and Errors & Omissions:

• Coverage for design and engineering errors
• Professional services liability for consultants and contractors
• Technology errors and omissions coverage for software defects
• Cyber liability coverage for data breaches and privacy violations

Coverage Disputes and Bad Faith

Insurance companies may try to avoid paying valid claims:

Coverage Denials:

• Disputes about whether injuries fall within policy coverage
• Exclusions for intentional acts or criminal conduct
• Notice requirements and late reporting issues
• Cooperation clauses and insured’s duties under policies

Bad Faith Claims:

• Unreasonable delay or denial of valid claims
• Failure to investigate claims promptly and thoroughly
• Refusing to settle within policy limits when liability is clear
• Conflicts of interest between insurer and insured

Excess and Umbrella Coverage:

• Additional coverage layers above primary policies
• Trigger requirements for excess coverage
• Coordination between multiple insurance companies
• Settlement allocation among different coverage layers

Maximizing Insurance Recovery

We work to maximize recovery from all available insurance sources:

Policy Analysis:

• Thorough review of all applicable insurance policies
• Identification of all potentially triggered coverage
• Analysis of policy language and exclusions
• Coordination with insurance counsel when appropriate

Multi-Defendant Strategies:

• Identifying all liable parties and their insurance coverage
• Coordinating claims against multiple defendants
• Avoiding settlement structures that prejudice other claims
• Maximizing total recovery from all available sources

Coverage Litigation:

• Filing coverage actions when insurers wrongfully deny claims
• Pursuing bad faith claims against unreasonable insurers
• Coordinating coverage litigation with underlying liability claims
• Using coverage disputes to pressure settlement of injury claims

Contact Harper Law Firm Today

Product liability cases represent some of the most complex and challenging areas of personal injury law. When major corporations put profits ahead of consumer safety, someone needs to hold them accountable. At Harper Law Firm, we have the experience, resources, and determination to take on the biggest companies in the world when their defective products cause serious injuries.

Why Harper Law Firm Is Different

Unlike settlement mills that process cases quickly for minimal compensation, we’re true litigation attorneys who prepare every case for trial:

Commitment to Excellence:

• Thorough investigation and case preparation
• Access to the best expert witnesses and cutting-edge technology
• Willingness to invest significant resources in your case
• Personal attention from experienced attorneys throughout the process

Track Record of Success:

• Experience taking on major corporations and winning
• Understanding of complex technical and regulatory issues
• Ability to present complicated evidence in compelling ways
• Reputation that motivates insurance companies to offer fair settlements

Client-Focused Approach:

• No fees unless we win your case
• Regular communication about case progress and developments
• Personal attention to your individual needs and circumstances
• Understanding of the devastating impact defective products can have on families

Time Is Critical

If you believe you’ve been injured by a defective product, time is of the essence:

• Evidence can be destroyed or altered if not preserved quickly
• Witness memories fade and people become difficult to locate
• Statutes of limitations can bar claims if you wait too long
• Companies begin building their defense immediately after accidents
• Product testing and expert analysis take significant time to complete properly

Take the First Step

Don’t let corporations escape responsibility for putting dangerous products in the marketplace. If you’ve been injured by a defective product, contact Harper Law Firm today for your free consultation. We’ll evaluate your case, explain your rights, and help you understand your legal options.

Call Harper Law Firm now. We’re here to fight for your rights, hold corporations accountable, and help you get the justice and compensation you deserve.

Remember: You don’t pay unless we win. Your initial consultation is completely free. Don’t wait – contact us today.