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Consumers rarely know that a product is defective until an injury occurs. A car seat fails in a collision. A power tool malfunctions without warning. A medication causes harm that its label never mentioned. When Houston residents are injured due to dangerous or defective products, the consequences can be immediate and long-lasting, ranging from emergency medical care and lost income to permanent disability.
When you need a product liability lawyer in Houston, Kherkher Garcia LLP is here to help. Our attorneys represent injured Texans in claims against manufacturers, distributors, and retailers. We hold these parties accountable for the harm their defective products cause. Our legal team evaluates every case with a focus on evidence, Texas law, and the full scope of what was lost.
Product liability is the area of law that allows injured consumers to hold companies responsible when a defective or dangerous product causes them harm. Under the Texas Civil Practice and Remedies Code, a products liability action covers any claim against a manufacturer or seller for damages arising from personal injury, death, or property damage allegedly caused by a defective product. This is applicable whether the claim is based on strict tort liability, negligence, misrepresentation, breach of warranty, or any combination of legal theories. An injured person does not have to prove the company acted maliciously. Proof that the product was defective and that the defect caused the injury is the foundation of the claim.
Texas strict liability holds each party in the product’s chain of distribution accountable for defects, regardless of whether that party acted carelessly. A retailer that sold a dangerously designed appliance, a distributor that handled a contaminated drug, and the original manufacturer can all face liability under this framework. Strict liability removes one of the largest barriers injured consumers face, proving exactly how or why a manufacturer or distributor was negligent. Product liability law places that burden on the company that designed, built, or sold the product.
Texas law recognizes three distinct categories of product defects, each describing a different point in the product’s lifecycle where something went wrong and requiring a different legal analysis to prove.
A design defect exists when the product’s blueprint itself is flawed, meaning every unit manufactured from that design carries the same inherent danger. The problem exists before a single unit rolls off the line, and is not the result of a factory mistake or a missing label. Common examples in Texas product liability cases include tire design defects, power tools lacking adequate blade guards, and children’s furniture designed with tip-over risks that were foreseeable during engineering.
A manufacturing defect occurs when a specific unit deviates from the intended design during production or assembly. The product design itself may be sound, but something went wrong in the factory: a faulty weld, a contaminated batch, or a missing component. As a result, one or more units reached consumers in a dangerous condition. Examples include prescription medications contaminated during bottling, automotive parts assembled with substandard materials, and industrial equipment with improperly torqued fasteners that come loose during use.
A marketing defect, also called a failure to warn, arises when a product lacks adequate instructions or warnings about risks that are not obvious. The manufacturer failed to disclose a known danger or provide guidance on safe use, even though the product may function exactly as designed.
Failure to warn claims frequently arise in pharmaceutical cases where a drug label omits known side effects. They also occur in cases involving chemical products sold without adequate hazard warnings and power equipment marketed without instructions addressing foreseeable misuse. Texas law does not require warnings for risks that are obvious or widely known, but when a company possesses information about a non-obvious danger and withholds it, the injured consumer has a viable claim.
Our trial lawyers will go the distance against corporations and insurance companies to win the maximum compensation in your case.
We stand ready to fight for you against the injustices caused by negligent actions throughout the state of Texas and across the Nation.
At Kherkher Garcia LLP, our product liability lawyer team in Houston handles product liability matters across a broad range of industries and product categories. We have a great deal of experience in cases involving catastrophic injury and wrongful death. Some of the types of cases we handle include:
Parties that may be held liable in a Texas product liability claim include:
Texas Civil Practice and Remedies Code Section 82.002 establishes that a manufacturer has a duty to indemnify and hold harmless a seller against loss arising from a product liability action, except where the seller’s own negligence or misconduct contributed to the harm. This provision reflects the legislature’s recognition that sellers are often the most accessible defendant, even when the manufacturer bears primary fault.
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Proving a product liability claim in Texas requires more than showing that a product caused an injury. The claim must establish that the product contained a defect, that the defect existed when it left the defendant’s control, and that the defect was the cause of the injuries. These claims hinge on showing that the injured party was using the product in a reasonable manner.
Evidence in these cases often includes engineering analyses, internal company communications, safety testing records, post-market surveillance data, and professional testimony. Building that evidentiary foundation takes time and resources, which is why early case evaluation matters.
Beyond strict liability, Texas product liability claims may also rest on negligence or breach of warranty theories. A negligence claim requires showing that the manufacturer or seller failed to exercise reasonable care in design, production, testing, or labeling and that this failure caused the injury. Breach of express warranty arises when a company makes a specific promise about a product’s safety or performance and the product fails to meet it. Breach of implied warranty may apply when a product fails to meet the basic standard of fitness for its intended purpose.
Texas law allows injured consumers to pursue both economic and non-economic damages. The specific compensation available depends on the severity of the injury and its long-term consequences. Recoverable damages may include:
In cases where the defendant’s conduct was especially egregious, Texas law permits an award of exemplary damages. These are intended to punish particularly reckless or malicious conduct and deter similar behavior. These damages do not compensate the injured person.
Under Texas Civil Practice and Remedies Code Section 41.001, exemplary damages require proof by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence. In product liability cases, this standard may be met when a manufacturer continued selling a product it knew was dangerous without warning consumers.
When a defective product causes a fatal injury, the surviving family may pursue a wrongful death claim. Texas Civil Practice and Remedies Code Section 71.002 provides that a person is liable for damages arising from an injury that causes an individual’s death when that injury was caused by the person’s or their agent’s wrongful act, neglect, carelessness, unskillfulness, or default. A surviving spouse, children, or parents of the deceased may bring the claim. Recoverable damages may include funeral costs, loss of financial support, loss of companionship, and the mental anguish suffered by surviving family members.
Texas Civil Practice and Remedies Code Section 16.003 establishes a two-year limitations period for personal injury claims, including product liability cases. An injured person must file suit within two years of the date the injury occurred or was discovered. Missing this deadline can permanently bar a claim, regardless of how strong the evidence is.
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Product liability cases heavily hinge on the strength of the investigation. Defective products leave evidence in design files, production records, safety audits, and internal communications, and obtaining that evidence before it is lost or destroyed requires prompt, methodical action.
At Kherkher Garcia LLP, our team’s process includes preserving the defective product, retaining engineering professionals to analyze the defect, conducting discovery to obtain internal company documents and pre-market testing records, reviewing regulatory filings and recall notices, and building a timeline that connects the defect to the injury with the clarity a judge and/or jury requires.
Kherkher Garcia LLP has achieved significant results for clients harmed by defective and dangerous products:
Past results do not predict future outcomes. Each case is evaluated on its own facts, and recoverable damages depend on the specific circumstances of the claim.
A defective product can have serious consequences. Medical costs accumulate, income stops, and the company responsible has legal counsel working to limit its liability. Kherkher Garcia LLP has the knowledge and resources that consumers need to investigate what went wrong, identify every responsible party, and pursue the compensation victims deserve.
Call us at 713-333-1030 for a free consultation with a product liability lawyer in Houston today.
Steve Kherkher is passionate about serving his clients. He has dedicated his life to championing the rights of those who have experienced catastrophic injury due to negligence.
Steve Kherkher, along with Trial Lawyer Jesus Garcia, founded Kherkher Garcia, and under their leadership, the firm achieved unprecedented success within its first three years.
With a career spanning over 35 years, Steve’s tireless pursuit of justice for his clients has earned him national recognition and numerous accolades as an exemplary trial attorney.
Jesus Garcia Jr. is a founding partner of Kherkher Garcia LLP and a nationally recognized trial lawyer with more than 20 years of experience representing victims of catastrophic injury and wrongful death caused by corporate negligence.
Raised in Rio Grande City, Texas, Jesus brings a deep understanding of hard work, perseverance, and accountability to every case he handles. His commitment to justice has led to record-setting verdicts and settlements, including some of the largest recoveries in Texas history.
Known for his trial-ready approach and relentless advocacy, Jesus has dedicated his career to holding powerful corporations accountable and fighting for families when they need it most.
When a defective product causes serious harm, manufacturers and distributors must be held responsible for the damage they put into the hands of consumers. At Kherkher Garcia LLP, our team of personal injury lawyers has the resources and experience to take on large corporations and pursue the full compensation injured victims deserve. When you need a product liability lawyer near you in Houston you can trust, we are ready to build a strong case on your behalf.
Visit us at 2925 Richmond Ave., Suite 1560, Houston, Texas 77098, or call 713-333-1030 for a free consultation today.
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The timeline varies depending on case complexity, the number of defendants, and whether the case settles or proceeds to trial. Straightforward claims may resolve within months, while cases involving multiple parties or large manufacturers often take one to three years or longer.
Yes. Texas law allows claims against every party in the product’s chain of distribution, including manufacturers, component suppliers, distributors, and retailers.
Yes. A recall issued after an injury does not bar a claim and may actually strengthen it. A recall can serve as evidence that the manufacturer or a regulatory agency recognized the defect and failed to warn consumers.
A claimant may still recover damages as long as their percentage of responsibility does not exceed 50 percent, though any recovery is reduced proportionally by the claimant’s share of fault.
Preserve the product, seek medical attention, and contact an attorney before speaking with the manufacturer or its insurer. Do not discard or repair the defective product. Photograph the product, the injury, and the scene. Keep all packaging, instructions, and receipts, and document medical treatment from the outset.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
Connect with a Kherkher Garcia trial lawyer today to pursue maximum compensation for your injury.
