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Tate Law Offices, PC is an experienced products liability and defective products case law firm.
As with all cases, there are time limits to any Dallas-Fort Worth product liability case. You will want to contact a qualified attorney as soon as possible to determine the amount of time you have to file a claim for your injuries. Tate Law Offices offers a 100% free, no-obligation consultation for product liability and defective products injury cases. Call us now to get your case reviewed by a product liability lawyer: (972) 499-4813. You may also use our contact form to email us or chat with us. We are available 24/7 to start exploring your injury case.
Our Texas product liability attorneys defend the rights of clients seriously injured by all manner of unsafe products whether tools, toys, electrical devices, medical devices, construction materials, machines or any manufactured items that can cause life-altering injuries or death. Our attorneys fight cases against corporations, insurance companies, and other liable entities that have produced dangerous products or who have failed to label products or provide warnings sufficient to enable safe use. If a product has a design flaw that leads to catastrophic injuries or a fatality our product liability attorneys will aggressively seek remedy for any individuals that were harmed. We may also file class actions when multiple parties have suffered similar injuries from a common product.
Our product liability lawyers will do the following for you:
Be there for you even after your case is complete to help you in any way we can.
Consumer & Household Products
Consumer & Household Products
Faulty Safety Equipment
Children’s Toys and Products
Motor Vehicles and Related Equipment
Trailers & Carriers
Health and Medicine
Pharmaceuticals & Medications
Cosmetics & Personal Care
Pesticides & Rodent Poisons
Herbicides & Weed Killers
Emissions from Vehicles
Epoxy & Plastic Products
If you have been injured or someone you know has been injured by an unsafe product, do not hesitate to contact a highly qualified products liability attorney. Tate Law Offices is here to help you determine whether or not you have a potential case and to guide you every step of the way toward seeking maximum compensation for your injuries caused by a defective product. Call us now for a 100% free case evaluation at (972) 499-4813.
Texas law allows that a product may be determined defective if it has a design that is not safe, deviates dangerously from its intended design or fails to contain sufficient instructions, labels, or warnings for safe usage.
A product can be considered to have defects if its design leads to unnecessary risk of injury or death by its use. Products that have clear risks due to their characteristics or composition can be considered defective. Moreover, a product’s design may be determined defective if the manufacturer failed to opt for a safer version of the product’s design if such a version could have reduced the user’s exposure to unnecessary risk of injury or death.
Products that do not contain adequate warning labels or instructions for use can be considered defective products. Products may have marketing defects in the following example situations:
If a product complies with federal regulations, conforming to standards in instructions, warnings or labels, a presumption exists that the product maker has no liability for any injuries thought to result from design or marketing defects. Injured parties may seek to challenge this presumption. To do so, the victim must show that the federal regulations were insufficient in regard to safety or that the product maker withheld details about the product that could have influenced its regulatory approval.
Products with safe designs and sufficient labeling, details, warnings or instructions might still meet the criteria for being defective if a producer or manufacturer has made errors in the product’s production process. Likewise, If a producer makes substantial modifications to a product that lead to a lack of safety, the producer can still be liable for any resulting injuries or deaths.
Victims and their loved ones injured or killed by defective products have access to compensation by way of settlement or litigation. If no federal laws apply, product liability falls in the jurisdiction of each individual state. Not all states have specific products liability statutes. In these states claims are commonly addressed by tort law. The Texas Civil Practice and Remedies Code does cover products liability. In this Code there is a chapter addressing general product liability. There are also statutes for specific claims, for example, product liability cases that involve medicine or firearms.
A product liability action is one filed against a manufacturer or seller in order to recover damages for personal injury, death or other damages caused by a product. The action can be based on any appropriate legal theory. These include: Strict liability; Negligence; Misrepresentation; and/or Breach of implied or express warranty; Products liability in Texas is considered a strict liability offense. Hence, negligence does not need to be a factor. If a product has a defect or flaw and the defect or flaw led to harm, the defendant may be held liable. See Texas Civil Practice and Remedies Code Chapter 82.
A presumption exists where the product producer or seller isn’t liable for injuries if the details, warnings, labeling, or designs are in compliance with federal safety standards or federal approval requirements.
Let one of our personal injury lawyers review your case, explain your legal options, and answer all your questions in a free case evaluation.
A strict lability offense involves a plaintiff who attempts to prove they have suffered harm regardless if the defendant did something wrong or not – basically a manufacturer is responsible for its product.
Products liability involves combination of contract law and tort law. Tort related components of a product liability claim, may include negligence, deceptive practices, or strict liability. Contract related components are primarily related to laws pertaining to warranties. Because of the dual nature of product liability law an injured party may be able to bring a number of claims against a defendant. Some of these claims might include breach of implied or expressed warranty, negligence or fraud.
Yes. The statute of limitations in the state of Texas for product liability claims is 2 years from the date of the accident in many cases. However, sometimes a claim must be brought sooner or can be brought later depending on the particular facts of the case. A product liability lawyer needs to analyze your particular facts to make this determination. For example, a statute of repose can extend the amount of time available to file a claim.
Most often the defendant will attempt to prove that the product in question was not in fact defective or that the plaintiff did not use the product properly or as directed or instructed and that this misuse led to avoidable harm or death to the plaintiff.
A legal procedure where a plaintiff or a small group of plaintiffs act on behalf of a larger group or class of plaintiffs who have all suffered similar injuries or damages. A class action must have a common defendant or defendants. Class actions can arise from injuries that are physical or financial in nature (and less commonly, certain types of nuisances). These plaintiffs work together against the defendant(s) as a class in order to seek remedy for the entire group through a class-action lawsuit or a settlement resulting from negotiation prior to entering the courts. The final awarded compensation or settlement is then divided between the members of the class based on various criteria agreed upon by the class at large. Class actions are commonly utilized in product liability claims, defective vehicle claims and toxic torts.
CONSUMER PRODUCTS THAT CAUSE INJURIES AND DEATHS
There are several federal laws and regulations that refer to dangerous products and the manufacture and or sale of potentially dangerous products in the United States. The following list contains several of the acts, laws, regulations and governance for consumer products.
Consumer Product Safety Act (CPSA)
Starting in 1972, this law established the Consumer Product Safety Commission (CPSC) and defines CPSC’s governance. It also dictates that the agency develop standards, pursue recalls and establish product bans, in many cases.
View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_media_cpsa.pdf?epslanguage=en
Associated Regulations (Subchapter B) http://www.ecfr.gov/cgi-bin/text-idx?SID=d801cf7b05525c0135eacbec482324ff&c=ecfr&tpl=/ecfrbrowse/Title16/16cfrv2_02.tpl
Consumer Product Safety Improvement Act (CPSIA)
A 2008 law amended the Consumer Product Safety Act. This law empowers the Consumer Product Safety Commisison with the enhanced capacity to regulate and enforce actions. This law defines procedures for civil and criminal penalties. In addition it establishes SaferProducts.gov, product, testing, third-party certification, and removes certain limitations for funding. CPSIA covers all terrain vehicles, toys, phthalates, imported products, lead, and many other specifics
View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_cpsia.pdf
CPSIA webpage: https://www.cpsc.gov/Regulations-Laws–Standards/Statutes/The-Consumer-Product-Safety-Improvement-Act
Public Law 112-28: Updates to CPSIA
In 2011, Public Law 112-28 amended the Consumer Product Safety Improvement Act to provide the Consumer Product Safety Commission with increase powers to enforce safety laws for consumer products.
View the law: https://www.gpo.gov/fdsys/pkg/BILLS-112hr2715enr/pdf/BILLS-112hr2715enr.pdf
Children’s Gasoline Burn Prevention Act (CGBPA)
This law governs portable gasoline containers manufactured for sale in the US. It went into effect after January 17, 2009. It requires manufacturers to conform to the requirements set forth for child resistant packaging.
View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_gascan.pdf
Federal Hazardous Substances Act (FHSA)
The Federal Hazardous Substances Act requires various household products deemed hazardous to possess labels warning consumers of the potential for hazards. The law provides the CPSC with the authority to regulate hazardous substances, toys or other items made for children. The law also provides the authority to ban products under certain conditions.Some of the products covered by Federal Hazardous Substances Act regulations: electrified childrens toys, bicycles, bunk beds, playpens, strollers, and pacifiers.
View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_fhsa.pdf
FHSA Website: https://www.cpsc.gov/Business–Manufacturing/Business-Education/Business-Guidance/FHSA-Requirements
Associated Regulations (Subchapter C) http://www.ecfr.gov/cgi-bin/text-idx?SID=d801cf7b05525c0135eacbec482324ff&c=ecfr&tpl=/ecfrbrowse/Title16/16cfrv2_02.tpl
Child Safety Protection Act (CSPA)
The Child Safety Protection Act amends various parts of the Federal Hazardous Substances Act regarding choking hazards in children’s products. The regulations in CSPA require warning labels on specific products. It also requires that importers, manufacturers, retailers, and distributors report specific kinds of choking accidents.
View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_media_cspa.pdf
Associated Regulations for the Reporting of Choking Accidents: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=86e2015ed014c58054d7bf071379ba8a&rgn=div5&view=text&node=16:220.127.116.11.34&idno=16
Associated Regulations for Misbranded Toys and Other Products: http://www.ecfr.gov/cgi-bin/text-idx?SID=e43b50542892f687fe555b4ddcc570f8&mc=true&node=se16.2.1500_119&rgn=div8
Flammable Fabrics Act (FFA)
The Flammable Fabrics Act governs highly flammable clothing and interior furnishings. Under Flammable Fabrics Act, CPSC has the power to issue standards. Some examples of these FFA standards are for vinyl plastic film, clothing textiles, carpets, rugs, mattresses and pads, abd sleepwear for children.
View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_ffa.pdf
Associated Federal Regulations (Subchapter D): http://www.ecfr.gov/cgi-bin/text-idx?SID=d801cf7b05525c0135eacbec482324ff&c=ecfr&tpl=/ecfrbrowse/Title16/16cfrv2_02.tpl
Continuing Guaranty Information https://www.cpsc.gov/Regulations-Laws–Standards/Statutes/Flammable-Fabrics-Act/Frequently-Asked-Questions-for-Continuing-Guaranties-under-the-Flammable-Fabrics-Act-and-Filed-with-the-Commission
Labeling of Hazardous Art Materials Act (LHAMA)
The Labeling of Hazardous Art Materials Act amends the Federal Hazardous Substances Act (FHSA) to establish the ASTM Standard Practice for Labeling Art Materials for Chronic Health Hazards. It requires that art materials that pose a chronic hazard must have a warning.
View the law: (See Section 23): https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_fhsa.pdf
Associated Federal Regulations (Section 1500.14(b)(8)): http://www.ecfr.gov/cgi-bin/text-idx?SID=34d0d78d2daaef7966157cb46200b4cb&mc=true&node=se16.2.1500_114&rgn=div8
Poison Prevention Packaging Act (PPPA)
The Poison Prevention Packaging Act requires safe child-resistant packaging on a number of household substances.
View the law: https://www.cpsc.gov/s3fs-public/pppa.pdf
PPPA Website: https://www.cpsc.gov/Regulations-Laws–Standards/Statutes/Poison-Prevention-Packaging-Act
Associated Federal Regulations (Subchapter E): http://www.ecfr.gov/cgi-bin/text-idx?SID=d801cf7b05525c0135eacbec482324ff&c=ecfr&tpl=/ecfrbrowse/Title16/16cfrv2_02.tpl
Refrigerator Safety Act (RSA)
The Refrigerator Safety Act mandates that refrigerators be manufactured with a mechanism that allows the refrigerator door to be opened from the inside of the refrigerator in order to reduce the risk of entrapment.
View the law: https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_rsa.pdf
Associated Federal Regulations: http://www.ecfr.gov/cgi-bin/text-idx?SID=2c0c02646a877cdac492a220aef31090&mc=true&node=pt16.2.1750&rgn=div5
Virginia Graeme Baker Pool and Spa Safety Act (VGB Act)
This act includes a swimming pool and spa drain cover standard requiring public pools to be equipped with anti-entrapment drain covers and a means of prevention suction entrapment hazards that are present under certain circumstances.
View the law: http://www.poolsafely.gov/about-us/
Associated Federal Regulations: https://www.gpo.gov/fdsys/pkg/CFR-2011-title16-vol2/pdf/CFR-2011-title16-vol2-part1450.pdf
Child Nicotine Poisoning Prevention Act of 2015 (CNPPA)
The Child Nicotine Poisoning Prevention Act of 2015 requires nicotine housed in a liquid nicotine container to be in a “special packaging” as defined by the PPPA and in accordance with the Commission’s regulations at 16 C.F.R. §§ 1700.15 and 1700.20.
View the law: https://www.cpsc.gov/s3fs-public/Child-Nicotine-Poisoning-Prevention-Act-of-2015.pdf?dP0dJfd7W9yxKnITmmmObcVRQCo9fA0G
Visit CNPPA Webpage: https://www.cpsc.gov/CNPPA
Drywall Safety Act of 2012 (DSA)
The Drywall Safety Act of 2012 requires that drywall follow the labeling standards in ASTM C1264-11, “Standard Specification for Sampling, Inspection, Rejection, Certification, Packaging, Marking, Shipping, Handling, and Storage of Gypsum Panel Products.” It also establishes compliance rules for limitations on sulfur content in ASTM C1396-14a, “Standard Specification for Gypsum Board.”
View the law: https://www.cpsc.gov/s3fs-public/Drywall-Safety-Act-of-2012.pdf?j817wTrwm5VjIy8LPe9JCbxJXA9LaFs3
Visit Drywall Business Guidance Webpage: https://www.cpsc.gov/Business–Manufacturing/Business-Education/Business-Guidance/Drywall
Safe Sleep for Babies Act of 2021
H.R.3182 – 117th Congress (2021-2022): Safe Sleep for Babies Act of 2021
Portable Fuel Container Act of 2020 – 15 U.S. C. § 2056d.