Texas Product Liability Wrongful Death Lawyer: When Is a Manufacturer Responsible?

Losing a loved one is devastating, but losing them because of a defective product adds a profound sense of injustice to your grief. When it happens, survivors in Texas have legal options, including holding a manufacturer liable for producing and selling a dangerous item.

The Texas product liability lawyers at Carabin Shaw understand that legal action won’t bring back your loved one or make your pain any lighter. However, holding at-fault parties liable may provide the compensation necessary to ease your financial burden and allow you time to grieve. Our compassionate team is available 24/7, offering free case reviews in English or Spanish and helping survivors understand their legal options. Call us toll-free now at 1-800-862-1260 or contact us online to schedule yours.

Manufacturers are just one of the parties that can be held liable for a defective product. Their responsibility includes ensuring safe design and production. Other parties might include:

• Component suppliers providing raw materials
• Distributors moving the product from factory to store
• Retailers selling the item directly to the consumer

A Texas defective product lawyer will first identify the type of defect, which might include:

• Manufacturing defect during production
• Design defect in the original blueprint
• Marketing defect that failed to provide clear instructions or proper warning

Once your local attorney understands the nature of the defect, they can determine which party is liable. The family can seek damages from the liable party for the financial and personal losses they suffered with the death of their loved one.

Product liability is usually a strict liability offense. Strict liability requires a product liability wrongful death lawyer to show the product was defective and the defect directly caused the harm. It does not require proof of negligence, like other wrongful death claims.

To hold a manufacturer or another party liable in a product liability claim, your lawyer must show:

• The product was defective
• The defect directly caused the death
• The product was used by the deceased as intended

To establish these elements, your Texas attorney will examine the product’s design, testing records, recall histories, and safety reports. They will often consult with experts to determine whether the product met industry standards. In some cases, multiple parties may be responsible for the defect. Under Texas’s proportionate responsibility rule, you can hold parties liable according to their portion of fault.

A wrongful death claim compensates surviving family members, but only certain members and their lawyers can file this type of claim under Texas law:

• The surviving spouse
• Biological and legally adopted children
• Biological and adoptive parents

If an eligible family member doesn't file a claim within three months of the death, the executor of the estate can file one on behalf of the family.

Product liability wrongful death claims are complex and require experience and expertise to navigate successfully. When you work with an experienced defective product wrongful death lawyer, they will:

• Review the product to determine whether a defect caused the harm
• Identify the party or parties responsible for the defect
• Gather key evidence to build your case
• Negotiate with the responsible party for a fair settlement
• Take your case to court if a settlement isn’t reached

In a wrongful death claim, your lawyer will seek various damages for your loss, including:

• Medical bills incurred before the death
• Deceased person’s lost earnings
• Expenses for the funeral, burial, and cremation
• Loss of companionship of the loved one
• Mental anguish caused by the loss

Your legal team will calculate your current and future losses to ensure you receive all the compensation you deserve.

The loss of a loved one to a defective product is a tragedy no one should ever have to face. If it happens, Carabin Shaw can help, and you pay nothing unless we win your case. Our law firm’s client reviews show how hard we work to seek justice for survivors. Call us toll-free at 1-800-862-1260 or contact us online today.

For more information:

• Texas Statutes 71
• Texas Statutes 82
• Texas Statutes 33