San Antonio Product Liability Lawyer Holding Manufacturers Accountable

Fighting for Victims of Defective Products

Every day, we trust that the products we buy are safe. We assume our vehicles will protect us in crashes, our medications won’t cause unexpected harm, and our children’s toys won’t injure them. When manufacturers cut corners on safety, rush dangerous products to market, or fail to warn consumers about known risks, the consequences can be devastating.

Product liability law exists to hold manufacturers, distributors, and retailers accountable when defective products cause injuries. Under Texas law, companies that put dangerous products into consumers’ hands face strict liability—meaning injured victims don’t have to prove negligence, just that the product was defective and the defect caused their injuries.

Harper Law Firm represents San Antonio residents harmed by defective products ranging from vehicles and auto parts to pharmaceuticals, medical devices, household appliances, and children’s products. We have the resources and determination to take on major corporations and their teams of defense lawyers.

Understanding Texas Product Liability Law

Texas recognizes three types of product defects that can form the basis of liability claims:

Design Defects exist when a product’s fundamental design is unreasonably dangerous, making every unit of that product defective. Even if manufactured perfectly according to specifications, the product poses risks that outweigh its benefits. Examples include vehicles prone to rollovers, medications with dangerous side effects that outweigh therapeutic benefits, and tools designed without adequate safety guards.

Manufacturing Defects occur when something goes wrong during production, making a specific unit (or batch) different from the intended design. The product may have been designed safely, but errors in manufacturing created a dangerous item. Examples include contaminated medications, vehicles with improperly installed components, and appliances with faulty wiring.

Marketing Defects involve failures to provide adequate warnings or instructions. Products may be safe if used correctly, but manufacturers fail to warn consumers about known dangers or provide proper usage instructions. Examples include medications marketed without adequate side effect warnings and power tools sold without proper safety instructions.

True Litigation Firm Taking on Corporations

Product liability cases pit injured individuals against some of the largest corporations in the world—automotive manufacturers, pharmaceutical companies, and multinational conglomerates with virtually unlimited legal budgets. These companies fight claims aggressively, using teams of lawyers and experts to defend their products.

Many law firms lack the resources or willingness to pursue product liability cases against well-funded corporate defendants. Harper Law Firm is different. As a true litigation firm, we invest the resources necessary to:

• Investigate defects through product testing and engineering analysis
• Retain qualified expert witnesses in relevant fields
• Review internal company documents obtained through discovery
• Analyze similar incidents and prior complaints
• Build compelling cases for trial
• Finance litigation through verdict or settlement

When corporations refuse fair settlements, we’re prepared to fight in the courtroom.

Types of Product Liability Cases We Handle

Defective Vehicles and Auto Parts

Automotive defects cause thousands of injuries and deaths each year. We handle cases involving:

Defective Airbags: Airbags that fail to deploy in crashes, deploy unexpectedly, or deploy with excessive force causing injury. The Takata airbag recall—the largest automotive recall in history—affected millions of vehicles with airbags that could explode and spray metal shrapnel.

Tire Failures: Tires that suffer blowouts, tread separation, or sidewall failures due to design or manufacturing defects.

Seat Belt Defects: Seat belts that fail during crashes, unbuckle unexpectedly, or cause injury due to defective design.

Fuel System Defects: Vehicles prone to fires due to poorly designed or positioned fuel tanks, fuel lines, or related components.

Roof Crush Defects: Vehicle roofs that collapse in rollover accidents due to inadequate strength, crushing occupants.

Brake System Failures: Defective brakes, brake lines, or anti-lock brake systems that fail unexpectedly.

Steering and Suspension Defects: Components that fail and cause loss of vehicle control.

Electronic System Defects: Software and electronic component defects causing unintended acceleration, engine stalling, or other dangerous malfunctions.

Dangerous Pharmaceutical Drugs

Pharmaceutical companies sometimes rush drugs to market without adequate testing, downplay known risks, or fail to warn doctors and patients about dangerous side effects. We handle cases involving:

• Medications causing heart attacks, strokes, or cardiac events
• Drugs causing liver failure, kidney damage, or organ injury
• Medications linked to cancer
• Antidepressants and psychiatric medications with dangerous side effects
• Recalled or withdrawn medications that caused injuries before removal from market

Defective Medical Devices

Medical devices—from surgical implants to diagnostic equipment—can cause severe harm when defectively designed or manufactured. Common medical device cases involve:

Hip and Knee Implants: Metal-on-metal implants that shed particles causing metallosis, device failures requiring revision surgery, and premature implant loosening.

Surgical Mesh: Transvaginal mesh and hernia mesh products causing chronic pain, infection, erosion, and organ perforation.

Pacemakers and Defibrillators: Cardiac devices with battery failures, lead malfunctions, or software defects.

Insulin Pumps: Devices delivering incorrect doses or failing to deliver medication.

Surgical Instruments: Tools that break during procedures, leaving fragments in patients.

Household Appliances and Products

Everyday household products cause numerous injuries when defectively designed or manufactured:

• Appliances that overheat, spark, or catch fire
• Pressure cookers that explode
• Space heaters causing fires or carbon monoxide poisoning
• Defective smoke detectors that fail to alert occupants
• Power tools with inadequate guards or safety features
• Ladders that collapse or fail

Children’s Products

Children’s products are subject to strict safety standards, yet dangerous toys and juvenile products continue reaching consumers:

• Toys with small parts creating choking hazards
• Cribs and sleep products linked to infant deaths
• Car seats that fail in crashes
• Strollers that collapse unexpectedly
• Products containing toxic materials

Recreational Products

Recreational equipment and vehicles can cause serious injuries when defective:

• ATVs and off-road vehicles with stability problems
• Boat engines and watercraft with defects
• Exercise equipment failures
• Sporting goods with design or manufacturing defects

Proving Product Liability Claims in Texas

Elements of a Product Liability Case

To succeed in a Texas product liability claim, you must prove:

• The product was defective (design, manufacturing, or marketing defect)
• The defect existed when the product left the defendant’s control
• The defect was a producing cause of your injury
• You suffered actual damages

Strict Liability vs. Negligence

Texas product liability law allows claims under both strict liability and negligence theories:

Strict Liability doesn’t require proving the manufacturer was careless—just that the product was defective and the defect caused injury. This lowers the burden on plaintiffs by eliminating the need to prove exactly what went wrong in the design or manufacturing process.

Negligence requires proving the manufacturer failed to exercise reasonable care in designing, manufacturing, or marketing the product. While harder to prove than strict liability, negligence claims may support additional damages.

The Role of Expert Witnesses

Product liability cases typically require expert testimony from:

• Engineers who can analyze product design and identify defects
• Metallurgists and materials scientists who can examine product components
• Medical experts who can link defects to injuries
• Economists who can calculate damages including future losses
• Industry experts who can establish safety standards

Harper Law Firm has relationships with qualified experts across multiple disciplines and invests in the expert analysis necessary to prove cases.

Defenses in Product Liability Cases

Manufacturers and their insurers commonly raise several defenses:

Product Misuse

Defendants argue the plaintiff used the product in an unforeseeable way that caused their injury. However, manufacturers must anticipate reasonably foreseeable misuse and design products accordingly.

Product Alteration

Defendants claim the product was altered after leaving their control, and the alteration—not the original product—caused the injury.

Assumption of Risk

Defendants argue the plaintiff knew about the product’s dangers and voluntarily assumed the risk. This defense has limited application when dangers weren’t adequately disclosed.

Comparative Responsibility

Texas allows defendants to reduce damages by proving the plaintiff’s own conduct contributed to their injury. Recovery is reduced by the plaintiff’s percentage of responsibility and barred entirely if the plaintiff was more than 50% responsible.

Compensation in Product Liability Cases

Economic Damages

• Medical expenses (past and future)
• Lost wages during recovery
• Reduced earning capacity
• Cost of corrective surgeries or revision procedures
• Rehabilitation and therapy costs
• Home modifications for disabilities

Non-Economic Damages

• Physical pain and suffering
• Mental anguish and emotional distress
• Permanent disability or disfigurement
• Loss of enjoyment of life
• Loss of consortium

Punitive Damages

When manufacturers knowingly sell dangerous products or consciously disregard consumer safety, punitive damages may be available to punish misconduct and deter similar behavior.

What to Do If Injured by a Defective Product

Seek medical attention and inform providers that a product may have caused your injury
Preserve the product exactly as it was when the injury occurred—do not repair, return, or discard it
Keep all packaging and instructions that came with the product
Document everything including photographs of the product, your injuries, and the scene
Save purchase receipts and any correspondence with the manufacturer
Report the injury to the Consumer Product Safety Commission (CPSC) if applicable
Do not give statements to manufacturer representatives without legal counsel
Contact Harper Law Firm for a free consultation

Why Product Preservation Matters

The defective product itself is often the most important evidence in a product liability case. Returning, repairing, or discarding the product can destroy evidence necessary to prove your claim. Keep the product in a safe location and do not allow anyone—including the manufacturer—to take or examine it without your attorney’s involvement.

Frequently Asked Questions

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

Texas has a two-year statute of limitations for most product liability claims, running from the date of injury. Additionally, Texas has a 15-year statute of repose that bars claims for products more than 15 years old at the time of injury (with some exceptions). Contact an attorney promptly.

Can I sue if the product was recalled?

Yes. In fact, a recall may strengthen your case by demonstrating the manufacturer acknowledged the defect. You can pursue claims even if you were injured before a recall was announced.

What if I don’t have the defective product anymore?

Cases become more difficult without the product, but claims may still be possible depending on other available evidence. Contact an attorney to discuss your situation.

Can I join a class action lawsuit?

Sometimes product defects affect thousands of consumers, leading to class actions or multi-district litigation (MDL). These consolidated proceedings can be efficient for some claims, though individual cases may recover more compensation. We can advise whether individual or collective litigation best serves your interests.

Contact San Antonio Product Liability Lawyers Today

If you’ve been injured by a defective product, you need experienced attorneys with the resources to take on major corporations and their legal teams.

Harper Law Firm offers free, no-obligation consultations where we’ll:

• Review how the product injured you
• Explain your legal rights under Texas product liability law
• Discuss the evidence needed to prove your case
• Outline the litigation process
• Provide honest assessment of your claim

Manufacturers who put profits ahead of consumer safety must be held accountable. Contact Harper Law Firm today—your San Antonio product liability lawyers are ready to fight for you.