Product Liability Lawyer in McKinney, TX
McKinney Product Liability
Lawyer
When a product causes serious harm, the question is not only whether you used it correctly. It is whether the product was safe to begin with. A defective design, a manufacturing error, or a failure to warn about known risks can each create liability that runs from the company that designed the product through the entire supply chain to the retailer that sold it. The Darwich Law Firm represents people across McKinney and Collin County who were seriously injured by a defective or dangerous product. Your case review is free, and there is no fee unless we win.
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Quick Overview
If a product injured you, preserve it exactly as it is. Do not return it to the store, have it repaired, or throw it away. Keep the packaging, instructions, and receipt. The product itself is often the most important evidence in a product liability case, and losing it before an expert can examine it can seriously damage the claim. A free case review with The Darwich Law Firm will tell you what the next steps are.
The Three Types of Product Defect Under Texas Law
Texas product liability law recognizes three distinct theories of defect. Identifying the right one, or the right combination, is the first analytical step in every product liability case we handle.
- Design defect. The product was engineered in a way that makes it unreasonably dangerous, even when manufactured correctly and used as intended. The danger is built into the blueprint.
- Manufacturing defect. Something went wrong during production that caused a specific unit to deviate from the intended design. The design may have been fine, but this particular product came off the line wrong.
- Failure to warn. The product lacked adequate instructions or warnings about known risks that a user would not independently discover. Sometimes called a marketing defect, this theory focuses on what the company should have told you but did not.
Any one of these theories, or a combination, can form the basis of a product liability claim. Each requires different evidence and a different expert to support it.
Who Can Be Held Liable for a Defective Product?
Product liability claims can reach every party in the distribution chain. The company that designed the product, the company that manufactured it, the distributor that moved it through the supply chain, and the retailer that sold it can each carry liability depending on how the defect arose and where responsibility was transferred along the way.
In serious cases involving well-resourced defendants, identifying every liable party matters significantly. A retailer may have limited exposure compared to a manufacturer that has been aware of a defect for years and chose not to address it. We investigate the full chain before settling on a theory of liability.
Why Preserving the Product Is Critical
The defective product is often the single most important piece of evidence in a product liability case. Once it is returned, repaired, discarded, or altered, that evidence may be gone permanently.
- Keep the product exactly as it is after the injury.
- Preserve the original packaging, instructions, warning labels, and any assembly materials.
- Keep the purchase receipt and any correspondence with the retailer or manufacturer.
- If the product is a vehicle component or built-in equipment, photograph every angle before any repair or inspection by anyone else.
- If other units from the same batch or purchase are available, preserve those as well.
- If you received notice of a recall, save every communication about it.
We send evidence preservation demands to manufacturers and distributors at the earliest stage of every product liability case. Documentation of defects, internal testing records, and prior complaints about the same product can be critical to establishing both liability and the scope of the company's knowledge.
Our Approach
The Role of Expert Testimony in Product Liability Cases
Engineering & Safety Experts
An engineering or safety expert examines the product and explains how it was defective, whether the failure originated in the design or in the manufacturing process.
Warnings Experts
A warnings expert assesses whether the company's labeling, instructions, and risk disclosures met the applicable standard for a product of that type.
Medical Experts
A medical expert ties the specific defect to the specific injury the client suffered, documenting causation and the full scope of harm.
Early Expert Retention
Identifying, retaining, and preparing the right experts for each type of defect is a core part of how we handle these cases, and one of the main reasons product liability claims require significantly more preparation than a standard accident case.
Common Products Involved in Serious Injury Claims
Product liability claims arise from a wide range of consumer and commercial goods. Some categories are subject to federal oversight by the Consumer Product Safety Commission or the National Highway Traffic Safety Administration. A product recall is strong evidence of a known defect, but the absence of a recall does not mean a product was safe — many dangerous products are never formally recalled before someone is seriously hurt.
Tires, brakes, airbags, and seatbelt systems that fail during a crash can cause or significantly worsen injuries. These claims often run alongside a standard car accident case.
Defective tools, machinery, or safety equipment can form the basis of a product liability claim even when the injury happens at work. The manufacturer can be a defendant separate from the employer.
Overheating batteries, faulty wiring, and defective components in everyday electronics and appliances can cause burns, fires, and electrical injuries inside the home.
Choking hazards, tip-over risks, and defective child safety equipment can produce catastrophic injuries. Federal recalls often involve this category.
Defective implants, surgical devices, and other medical products can cause severe injury long after the procedure. These claims often require specialized medical and engineering experts.
Structural failures in bikes, helmets, firearms, exercise equipment, and other recreational gear can cause fractures, head injuries, and spinal cord injuries.
Contaminated food, mislabeled chemicals, and inadequately warned cleaning agents can cause poisoning, burns, and chemical injuries.
Auto Part Defects and Car Accident Claims
Vehicle component defects deserve specific attention because they frequently appear alongside what initially looks like a standard car accident claim. Tire blowouts, brake failures, steering defects, and seatbelt or airbag malfunctions can all cause or significantly worsen a crash.
If you were injured in a car accident and there is any reason to believe a vehicle part failed, the product liability angle must be investigated at the same time as the standard negligence claim, because the two can run together. The vehicle itself is the evidence, and it needs to be preserved before it is repaired or declared a total loss. Our car accident page covers what to do in the immediate aftermath of a crash.
Defective tools, machinery, or safety equipment can also form the basis of a product liability claim when the injury happens at work. Even in a workplace context, the manufacturer or distributor of a defective product can be a defendant separate from the employer. Our workplace injury page explains how those claims interact with each other.
Injuries Caused by Defective Products
Product failures produce a wide range of injuries depending on what failed and how. Burns from defective appliances or electronics, lacerations from tools or equipment, fractures from structural failures, traumatic brain injuries from impact or explosion events, and spinal cord injuries from equipment collapses or vehicle defects all appear in product liability claims.
When a defective product causes a fatal injury, surviving family members may have a wrongful death claim. For injuries that permanently change how a person lives and works, our catastrophic injury page goes into more depth on how those damages are built.
Comparative Fault and Product Misuse in Texas
Texas follows a proportionate responsibility framework in product liability cases. An injured person can still recover compensation as long as their share of fault does not exceed 50 percent.
Claims of product misuse or unauthorized modification are among the most common defenses manufacturers raise, and they require a careful factual response. A product that was used in a way a reasonable manufacturer should have anticipated, even if that use was not the primary intended purpose, may still support a full product liability claim.
Why Us
Why McKinney Clients Choose The Darwich Law Firm
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We Investigate Early
Evidence preservation demands, internal document requests, and expert identification happen at the start of every case, not after the other side has had time to shape the record.
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Product Liability FAQs
What is a product liability claim?
A product liability claim is a civil case against a manufacturer, designer, distributor, or retailer whose defective or dangerous product caused injury. The claim can be based on a defective design, a manufacturing error, or inadequate warnings about known risks.
Do I have to prove the company was negligent to win?
Not always. Texas product liability law can allow recovery based on strict liability for a product that was unreasonably dangerous, meaning you may not need to prove the company acted carelessly, only that the product was defective and caused your injury. The applicable theory depends on the specific facts.
Can I sue the retailer that sold me the product?
Yes, in many cases. Texas law allows claims against every party in the distribution chain, from designer and manufacturer through to the retailer. The specific liability of each party depends on the type of defect and the facts of the case.
What if I was using the product in an unintended way when I was injured?
It depends on how far outside the intended use the activity was and whether a reasonable manufacturer should have anticipated that use. Partial misuse does not automatically end a product liability claim. Texas proportionate responsibility rules mean partial fault on your part does not necessarily eliminate recovery, as long as your share of fault is 50 percent or less.
What should I do with the defective product after the injury?
Keep it exactly as it is. Do not return it, repair it, or discard it. Preserve the packaging, instructions, warnings, and receipt. The product is evidence, and losing it can seriously damage the case before an expert has the chance to examine it.
How long do I have to file a product liability claim in Texas?
Most product liability claims must be filed within two years of the date of injury, though the clock can sometimes start differently depending on when the defect was or reasonably could have been discovered. An attorney should review the specific timeline as early as possible.
Seriously Injured by a Defective Product?
Talk to an Attorney Today.
Product liability cases move on a tight timeline, and the evidence that makes them winnable can disappear quickly. If you were seriously injured by a defective product anywhere in McKinney or Collin County, start your free case review or call (469) 960-6069. Our frequently asked questions page covers general guidance on Texas personal injury timelines and what to expect from the process.
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