Losing a loved one because of a defective product or vehicle defect creates grief that no family should endure. When a product that was meant to make life easier instead causes tragedy, families often search for answers and justice. Holding a manufacturer accountable after a wrongful death allows surviving family members to seek responsibility from the company that designed, produced, or sold a dangerous item.
In Texas, wrongful death claims involving defective products follow specific laws that determine who can file, what damages are available, and how liability is proven. Understanding these rules helps families take meaningful action against powerful manufacturers who put profit over safety. A wrongful death lawyer can provide the knowledge and guidance needed to handle this process effectively.
Key Takeaways: Texas Defective Product Liability Cases
- Manufacturers, distributors, and retailers can all share liability in a wrongful death caused by a defective product.
- Texas law sets strict deadlines for filing a wrongful death or survival action claim.
- Product liability cases may involve design flaws, manufacturing mistakes, or a failure to warn about known risks.
- Families may recover financial damages for lost income, companionship, and related expenses.
- Preserving the product and related evidence strengthens a potential claim.
What Is a Wrongful Death Claim Against a Manufacturer?
When a defective product leads to someone’s death, Texas law allows specific family members to bring a wrongful death claim. This type of case seeks accountability for the harm caused by a dangerous or defective product, whether it was a vehicle, medical device, home appliance, or industrial machine.
Understanding Product Liability Wrongful Death Claims
Product liability refers to the legal responsibility of manufacturers, distributors, or sellers when their products cause injury or death. Three main forms of product defects can result in wrongful death:
- Design defect: The product’s design itself is unsafe.
- Manufacturing defect: The product became dangerous during production or assembly.
- Marketing defect: The company failed to warn users about known risks or provided unclear instructions.
In a wrongful death claim, the family seeks damages for the financial and personal losses they’ve suffered because of the death.
Who Can File a Wrongful Death Claim in Texas?
Under Texas law, only certain family members can file this type of claim:
- Spouse: The surviving husband or wife can pursue damages for loss of companionship and support.
- Children: Biological and legally adopted children may file a claim for the loss of parental guidance and financial support.
- Parents: Biological and adoptive parents may seek damages for the loss of a child’s companionship and care.
If none of these relatives file within three months, the executor or personal representative of the estate can file on behalf of the family.
Time Limits for Filing Under Texas Law
Texas law generally gives families two years from the date of death to file a wrongful death claim. However, certain factors, such as when the defect was discovered or whether the manufacturer concealed it, can affect this timeline. Filing promptly helps preserve evidence and strengthens the family’s case.
Types of Defective Products That Can Lead to Wrongful Death
Defective products exist in many forms, from consumer goods to industrial equipment. Understanding how these defects arise helps families recognize where negligence may have occurred.
Design Defects
A design defect exists when a product’s blueprint makes it unsafe even before it’s manufactured. For example, a vehicle with a fuel system prone to explosions or a child’s toy that presents a choking hazard may have design flaws. In these cases, the problem lies in the concept of the product itself rather than in how it was built.
Manufacturing Defects
These occur when an error during production causes the product to deviate from its intended design. Examples include a contaminated batch of medication, a seatbelt made with faulty webbing, or a tire with weakened rubber. The defect affects some units rather than all, making discovery harder until tragedy strikes.
Marketing Defects and Failure to Warn
Even a well-designed product can be dangerous if consumers aren’t warned about proper use or hidden risks. Failure to include safety instructions, warnings, or hazard labels can make a company liable. For instance, if an appliance doesn’t warn users about overheating risks, the manufacturer may be responsible for any resulting deaths.
How Do You Prove a Manufacturer Is Liable for Wrongful Death?
Establishing liability requires clear evidence that the manufacturer’s actions or inactions caused the death. These cases often depend on expert testimony, technical reports, and documentation that connects the product to the harm.
Establishing the Product Was Defective
Lawyers typically examine the product’s design plans, testing records, and safety reports. They may consult engineers or safety professionals to determine whether the product met industry standards or if corners were cut during development.
Proving the Defect Caused the Death
To hold a manufacturer responsible, the family must show that the product’s defect directly led to the fatal incident. This connection might involve accident reconstruction, medical records, or laboratory testing. For example, if a car’s airbag failed to deploy during a crash in Dallas, evidence must show that the defect, not driver error, caused the fatal injuries.
Demonstrating the Product Was Used as Intended
Manufacturers often argue that misuse caused the death. Proving that the victim used the product reasonably and as intended weakens that defense. For instance, if a power tool malfunctioned during routine use, the manufacturer cannot blame the user for improper handling.
Overcoming Common Manufacturer Defenses
Manufacturers frequently rely on defenses such as blaming the victim, claiming alteration of the product, or asserting the family missed the filing deadline. A strong legal strategy anticipates these tactics by gathering evidence early and maintaining a clear timeline of events.
What Damages Can You Recover in a Texas Wrongful Death Case?
Families filing wrongful death claims may pursue financial recovery for both economic and non-economic losses.
Economic Damages
These losses reflect measurable financial harm, such as:
- Lost income: The deceased person’s earnings and benefits the family depended on.
- Funeral expenses: Costs for burial, cremation, and related services.
- Medical bills: Expenses incurred before death for emergency treatment or hospitalization.
Non-Economic Damages
These relate to the emotional and personal losses that money can’t replace:
- Loss of companionship: The absence of the deceased person’s love, comfort, and guidance.
- Mental anguish: The deep grief and sorrow caused by the loss.
Courts consider the relationship between the deceased and the survivors when determining these damages.
Survival Action Claims vs. Wrongful Death Claims
Although they may seem similar, there are important differences between the two”
- A wrongful death claim compensates family members for their losses.
- A survival action allows the deceased person’s estate to recover damages the person would have been entitled to if they had survived, such as pain and suffering before death or lost wages during hospitalization.
Both actions may proceed together in Texas courts.
Who Can Be Held Accountable Beyond the Manufacturer?
Manufacturers are often the primary defendants, but others in the supply chain may also bear responsibility.
Distributors and Retailers
Distributors and sellers can be liable if they knew or should have known the product was unsafe. For example, a retailer in Arlington that continued selling recalled baby strollers could share liability for resulting injuries or deaths.
Component Part Manufacturers
Sometimes, a defective part, rather than the entire product, causes the tragedy. If a faulty brake component led to a fatal truck crash in Fort Worth, the part’s maker could be held accountable even if the vehicle manufacturer wasn’t directly negligent.
Third-Party Maintenance Companies
Maintenance providers that fail to inspect or repair defective equipment properly may contribute to a wrongful death. A Dallas-based maintenance company that ignored repeated safety complaints about machinery could face liability alongside the manufacturer.
Common Challenges in Wrongful Death Product Liability Cases
Wrongful death claims against manufacturers often involve extensive investigation and technical detail. Understanding potential obstacles helps families prepare for what lies ahead.
Access to Evidence and Product Testing
Manufacturers control key evidence like test results, internal reports, and design data. Gaining access often requires court orders or detailed discovery requests. Preserving the product and related materials early in the process helps prevent loss of crucial evidence.
Manufacturer Resources and Legal Teams
Large corporations typically have extensive legal departments that defend their products aggressively. An experienced wrongful death attorney can help level the playing field by building a comprehensive case and presenting facts that counter corporate defenses.
Complex Technical and Scientific Evidence
Defective product cases may rely on engineering analyses, accident reconstruction, and laboratory testing. Translating this evidence into clear arguments that juries can understand often makes a significant difference in case outcomes.
Statute of Limitations and Repose Issues
Texas’s statute of repose sets a hard deadline that limits when a claim can be filed, even if the defect wasn’t discovered until later. Acting quickly after the death helps prevent a claim from being barred by these time restrictions.
How Our Attorneys Can Help
At DFW Injury Lawyers, we guide families through every stage of a wrongful death claim arising from a defective product. Our approach combines careful investigation with strong advocacy to hold negligent manufacturers accountable.
Thorough Investigation and Evidence Gathering
We collect design records, product samples, and witness statements to establish how the defect occurred. By working with investigators and technical professionals, we build a detailed picture of what went wrong.
Working with Expert Witnesses
Independent engineers, medical professionals, and safety consultants help clarify how the defect caused the fatal injury. Their insights often strengthen the case and provide persuasive support in negotiations or at trial.
Handling Complex Litigation Against Large Corporations
We have the resources and determination to pursue justice against major manufacturers that resist responsibility. Our legal team prepares every case as if it will go to trial, which often leads to stronger settlement outcomes for clients.
Maximizing Your Recovery
While no result can bring back a loved one, holding the responsible party accountable can ease the financial impact of the loss. We help families document all related expenses, losses, and emotional harm to pursue the full measure of recovery allowed under Texas law.
Providing Compassionate Support During a Difficult Time
Our team understands the emotional weight that follows such a loss. We provide consistent communication, empathy, and support throughout the process so families never feel alone while seeking justice.
Frequently Asked Questions About Defective Product Claims in TX
Can I sue if my loved one signed a waiver before using the product?
Yes. Waivers generally don’t protect manufacturers from liability for defective products. A company cannot use a waiver to avoid responsibility for selling something inherently unsafe.
What happens if the manufacturer is located outside of Texas?
A lawsuit can still proceed in Texas if the product was sold, used, or caused harm within the state. Courts can require out-of-state or foreign manufacturers to appear if their product entered the Texas market.
How long does a wrongful death product liability case typically take?
The timeline depends on the complexity of the evidence and whether the manufacturer chooses to settle or go to trial.
What if the product was recalled after my loved one’s death?
A recall can strengthen the case because it often confirms the manufacturer knew the product was unsafe. However, recalls don’t automatically prove liability, so further investigation is still required.
Do I need to keep the defective product as evidence?
Yes. Keeping the product in its original condition is one of the most valuable steps you can take. Don’t repair or alter it. The product serves as direct evidence and may reveal design or manufacturing flaws.
Contact Our Texas Product Liability Attorneys for Help
Families dealing with the loss of a loved one because of a defective product deserve support and accountability. Time limits apply to wrongful death cases in Texas, so prompt action helps protect your right to pursue justice.
DFW Injury Lawyers represents families throughout Dallas, Fort Worth, Plano, and surrounding communities in claims against negligent manufacturers and distributors. Our attorneys offer a free, no-obligation consultation to review your case and explain your options.
Contact us today to speak with a member of our team and learn how a personal injury lawyer can help you take the next step toward holding the responsible company accountable.
Kevin L. Edwards
Founder
Attorney Kevin Edwards is a co-founder of DFW Injury lawyers. Over the last 15 years, Mr. Edwards has dedicated his practice to helping those who have been injured or harmed by the negligence, malfeasance, and/or recklessness of others.
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