Dallas Product Liability Lawyer
Did a dangerous, malfunctioning, or poorly designed product cause an unexpected injury to you or someone in your family?
When a product you trust to be safe suddenly fails or breaks, life can change in an instant. Malfunctioning or defective items can lead to life-altering health issues, such as traumatic head injuries, spinal trauma, deep burns, compound fractures, or permanent loss of mobility.
You should not have to carry the repercussions of a manufacturer’s mistake on your own. As your Dallas product liability lawyer, we are ready to step in, hold negligent corporations accountable, and pursue full compensation.
At Charlie Waters Law, we provide compassionate guidance and unyielding advocacy in a difficult situation. Our goal is to help you focus on healing instead of worrying about what comes next.
Products We Trust. Injuries We Never Expected. Accountability Matters
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- Understand the Texas Statutes That Apply to Products Liability
- Understand How We Will Build Your Claim: Step-by-Step
- Get a Maximum Recovery for Your Claim
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Your injuries are real. Your losses are real.
And we don't believe in discounting either one.
What happened with product liability injury and how can we help you?
A Personal Message to Defective Product Victims and Their Families from Charlie Waters
Products We Trust. Injuries We Never Expected. Accountability Matters.
Every day, we trust manufacturers to design, produce, and sell products that are reasonably safe. From the vehicles we drive and the appliances in our homes to prescription medications and implanted medical devices, we depend on these products to perform safely. When manufacturers cut corners, overlook dangerous defects, or fail to warn consumers of serious risks, the consequences can be catastrophic. Consumers should not have to pay the price for dangerous products that should never have reached the marketplace.
Defective products come in many forms, including vehicles with faulty brakes, tires, or airbags; dangerous industrial machinery and construction equipment; defective household appliances and electrical products; unsafe children’s products; and medical devices such as artificial joints, pacemakers, and surgical implants. Dangerous prescription drugs and medications sold without adequate warnings can also cause devastating injuries. Whether the problem involves a defective design, a manufacturing error, or inadequate safety warnings, manufacturers and other responsible companies must be held accountable when their products cause serious harm.
Product liability litigation presents unique challenges. Manufacturers often have extensive resources and teams of lawyers and experts defending their products. Proving a product was defective may require examining its design, manufacturing process, safety testing, prior failures, and the warnings provided to consumers. At Charlie Waters Law, we recognize the importance of working with qualified engineers, product safety specialists, and medical experts to uncover defects, establish responsibility, and explain complex technical evidence clearly and persuasively.
For more than four decades, I have represented individuals and families devastated by serious injuries and wrongful death. My experience with traumatic brain injuries, spinal cord injuries, catastrophic orthopedic injuries, and other life-changing conditions helps me understand the full consequences of injuries caused by dangerous products. Our responsibility is not simply to identify what went wrong, but to demonstrate who is responsible and how the defective product has changed our client’s life.
If you or someone you love has been seriously injured by a defective product, my staff and I are here to listen, investigate what happened, and help you understand your legal options. You deserve experienced representation, honest answers, and a legal team committed to holding responsible companies accountable and protecting your future.
Charlie Waters
Founder, Charlie Waters Law
Texas Brain Injury Law Center
What You Should Know...
Texas Product Liability Laws: When Do State and Federal Laws Apply?
When a defective product causes a serious injury or death, determining which laws apply is an important first step. Product liability lawsuits in Texas are generally governed by state law, but many products are also subject to extensive federal safety regulations. Understanding how these laws interact can be critical to establishing a manufacturer’s responsibility.
Texas law recognizes three principal types of product defects:
- Design defects: A product is unreasonably dangerous because of its design, even when manufactured as intended.
- Manufacturing defects: An error in production or assembly makes a product more dangerous than it was intended to be.
- Marketing defects: A product is sold without adequate warnings or instructions concerning foreseeable dangers.
Chapter 82 of the Texas Civil Practice and Remedies Code establishes important rules governing product liability claims. Under § 82.005, most design defect claims require proof of a safer alternative design and that the defect caused the injury. Special rules apply to certain products, including prescription drugs and medical devices.
Federal law adds another layer of complexity. The FDA, NHTSA, and Consumer Product Safety Commission regulate different categories of products. Federal law sometimes limits or preempts state-law claims. However, federal regulatory compliance does not automatically eliminate every potential product liability claim. Texas § 82.008 establishes important rebuttable presumptions concerning compliance with applicable government safety standards.
Time limits also matter. Texas generally imposes a two-year limitations period for personal injury claims and a separate 15-year product liability statute of repose, subject to statutory exceptions.
Successfully pursuing a defective product claim requires identifying the defect, proving causation, and understanding the state and federal laws governing the manufacturer’s responsibility.
Defective Medical Devices and Dangerous Prescription Drugs: Who Is Responsible?
Patients depend on prescription medications and medical devices to treat illnesses, relieve pain, and improve their quality of life. When these products are defective or carry dangers that were not adequately disclosed, the consequences can be devastating, including permanent disability, additional surgeries, organ damage, or death.
Dangerous medical products may include defective artificial hips and knees, pacemakers, defibrillators, surgical implants, hernia mesh, insulin pumps, and prescription medications. Injuries may result from manufacturing defects, unsafe designs, or inadequate warnings concerning serious medical risks.
Unlike ordinary consumer products, medications and medical devices are extensively regulated by the U.S. Food and Drug Administration (FDA). This creates special legal challenges. FDA approval does not automatically prevent a product liability lawsuit, but federal law can restrict certain claims.
For example, in Riegel v. Medtronic, Inc., 552 U.S. 312 (2008), the Supreme Court held that federal law preempts certain state-law claims involving medical devices that received FDA premarket approval. Similarly, PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011), established important federal preemption restrictions on failure-to-warn claims against generic drug manufacturers.
Texas law creates additional requirements. Under § 82.007 of the Texas Civil Practice and Remedies Code, FDA-approved pharmaceutical warnings may give manufacturers and other defendants a rebuttable presumption against liability for inadequate warnings, subject to statutory exceptions.
Proving these cases often requires medical specialists, biomedical engineers, pharmacologists, and other experts to identify the defect and establish that it caused the patient’s injuries.
When a medication or medical device causes serious harm, a thorough investigation must determine what went wrong, whether the manufacturer violated applicable legal duties, and whether the injured patient has a viable claim under state and federal law.
Defective Automobiles, Tires, Airbags, and Vehicle Safety Systems
When a serious automobile accident occurs, attention usually focuses on the drivers involved. But sometimes the accident, or the severity of the resulting injuries, can be traced to a defective vehicle or one of its components. In those circumstances, the manufacturer may bear legal responsibility.
Automotive defects may involve faulty brakes, defective tires, steering failures, malfunctioning airbags, defective seat belts, fuel system fires, unstable vehicle designs, and failures involving electronic safety systems. These defects can cause collisions or turn otherwise survivable accidents into catastrophic events.
Automotive product liability claims generally involve two situations. The first occurs when a defect causes or contributes to an accident, such as a tire blowout or steering failure. The second involves a defect that makes the occupant’s injuries more severe than they otherwise would have been.
The second category is commonly called a crashworthiness or enhanced-injury claim. For example, an improperly designed roof may collapse during a rollover, or a defective seat belt may fail to restrain an occupant. Even when another driver causes the collision, a manufacturer may be responsible for additional injuries caused by the vehicle defect.
Federal vehicle safety standards are administered by the National Highway Traffic Safety Administration (NHTSA). Under 49 U.S.C. § 30103, compliance with federal motor vehicle safety standards does not automatically eliminate common-law liability, although federal preemption may affect particular claims. Texas § 82.008 also establishes important rules concerning compliance with government safety standards.
Proving an automotive defect often requires accident reconstruction specialists, mechanical engineers, vehicle design experts, and examination of the damaged vehicle and its electronic data.
Identifying a vehicle defect can reveal an additional source of responsibility when a defective component caused a collision or made the resulting injuries substantially worse.
Who Can Be Held Liable for a Defective Product in Texas?
When a defective product causes a serious injury, identifying the legally responsible parties is not always straightforward. A product may pass through several companies before reaching the consumer, including designers, component manufacturers, assemblers, distributors, and retailers. Depending on the circumstances, more than one company may be responsible for the harm.
Manufacturers are generally the primary defendants in product liability lawsuits. Under § 82.001 of the Texas Civil Practice and Remedies Code, the definition of a manufacturer includes companies involved in designing, producing, assembling, or manufacturing products and their component parts. Liability may arise from defective designs, manufacturing errors, or inadequate safety warnings.
Retailers, distributors, and other sellers present different legal questions. Under Texas § 82.003, nonmanufacturing sellers generally are not liable for injuries caused by defective products unless a statutory exception applies.
For example, a seller may be held responsible if it participated in designing the defective product, improperly modified or installed it, substantially controlled inadequate warnings, or actually knew of a defect when supplying the product and that defect caused the injury. Additional exceptions address certain factual misrepresentations and situations involving manufacturers that are insolvent or outside the court’s jurisdiction.
These distinctions become especially important when defective products involve foreign manufacturers, multiple component suppliers, or complicated distribution networks.
Determining responsibility may require reviewing product design documents, manufacturing records, supplier agreements, safety testing, and the product’s distribution history.
A thorough product liability investigation must do more than establish that a product was defective. It must identify the companies legally responsible for the defect and establish how that defect caused the injuries.
More Than 35 Years of Dedicated Personal Injury Representation in Dallas, Texas
Since our founding, Charlie Waters Law has stood up for individuals and families across Texas who have suffered harm from unsafe merchandise, defective machinery, faulty vehicle components, and dangerous medical devices.
We know how corporate legal departments and insurance claims adjusters attempt to avoid financial liability. That’s why we compile the factual evidence required to build a solid case and hold them accountable in a court of law.
Proving Property Owner Liability Under Texas Premises Law
Texas civil law permits injured consumers to seek financial recovery when a commercial product carries hazards that cause physical harm. Generally, product liability cases in Texas fall into three categories of defects:
- Design Flaws: The product’s design made it inherently dangerous, even when assembled correctly.
- Production and Assembly Defects: A manufacturing error caused the finished item to deviate from its intended design, posing a risk to the end user.
- Failure To Warn or Market Properly: The distributor or manufacturer neglected to supply clear operating instructions or adequate safety notices regarding a non-obvious risk that they should have foreseen.
Building a compelling legal claim requires securing the item in question, preserving chain-of-custody evidence, and proving the exact link between the product failure and your physical harm.
At Charlie Waters Law, we manage the investigation details and establish the facts of your claim before corporate defense teams attempt to point blame elsewhere.
Practical Information for Your Recovery
Managing medical appointments, rehabilitation programs, and corporate paperwork can feel overwhelming. Having access to clear, actionable legal and medical information helps you feel confident in the decisions you make for your family’s future.
Explore our collection of free legal guides, orthopedic term glossaries, and community support directories to help guide you through recovery.
“The end goal? To make sure you’re fully compensated for every way a defective product has harmed you."
“No two brain injuries are alike. Because they can affect people in such different ways, there is no “standard” approach. We carefully develop each brain injury case knowing the uniqueness of the injury and the person. That takes understanding…and experience.”
CHARLIE WATERS
Do You Have a Product Liability Case?
You may have grounds to take legal action if one or more of the following describe your situation:
The item was operated or used as intended, but it burst, collapsed, sparked, or otherwise failed in an unsafe manner.
The incident resulted in bodily harm requiring emergency medical evaluation, hospitalization, surgery, or ongoing rehabilitative therapy.
The packaging or documentation lacked visible hazard warnings or essential operating instructions.
Your physical recovery required time off work, resulting in unpaid time away or lost business opportunities.
The manufacturer or insurance carrier refuses to honor the claim, asserting that you misused the item or caused the event yourself.
If a defective consumer item caused you or a family member severe harm, talk to a product liability lawyer in Dallas to determine your legal rights.
Losses We Work To Recover in a Product Defect Lawsuit
The financial impact of a severe product injury extends well beyond the initial emergency room visit. You may need continued medical care, miss days of work, and access therapy to deal with trauma.
Texas civil statutes allow injured individuals to seek compensation for both tangible financial costs and non-economic personal losses.
Depending on the details of your situation, recoverable damages that our product liability lawyer in Dallas can pursue for you include:
- Hospital bills, emergency transportation, surgeon fees, and specialist care
- Expected future medical expenses, physical therapy, and home health care support
- Unpaid time away from work and diminished long-term earning capacity
- Physical pain, emotional distress, and ongoing mental anxiety
- Permanent scarring, body disfigurement, or physical impairment
- Diminished ability to participate in hobbies, daily routines, and family activities
- Punitive damages, in limited cases involving gross negligence, fraud, or malice (subject to Texas statutory caps)
Mr. Waters is a truly devoted and wonderful individual who just happens to be a very wise attorney, and I highly recommend him to anyone needing legal services regarding traumatic brain injuries. If you need someone to put a voice to your suffering, who paints a complete picture of what you’ve been through, you will have found the perfect person in Charlie. His extensive knowledge and education in this area of law is unparalleled, and no wonder he is ranked among the top in the nation.
M. BENOIT
Former Client
OUR APPROACH
How Our Dallas Product Liability Law Firm Builds a Strong Case
1
Initial Case Evaluation
We sit down with you to review the timeline of events, inspect the damaged item if available, and review your initial medical diagnosis.
2
Securing Evidence and Building Your Claim
Our team acts quickly to retain possession of the defective item, gather purchase documentation, review prior recall databases, and consult with technical industry experts.
3
Preparing for Negotiations and a Possible Trial
As your Dallas product liability attorney, we build every claim around the immediate and long-term financial impact of your injuries. We prepare every file as if it will proceed directly to a jury trial.
Dallas Product Liability FAQs
Preserve the product. It may be the most important evidence in your entire case. Once you are safe and have received necessary medical attention, keep the product in exactly the condition it was in after the accident. Do not repair, clean, disassemble, discard, or allow anyone to alter it. Preserve its packaging, instructions, warning labels, accessories, and any broken components.
The actual product often provides the critical evidence engineers and other experts need to determine what went wrong. Without the product, proving a defect can become extremely difficult and, in some cases, impossible. If someone else has possession of it, contact an attorney immediately about preserving the evidence.
Texas product liability law generally recognizes three categories of defects: defective design, manufacturing defects, and inadequate warnings or instructions. A design defect may make an entire product line unreasonably dangerous. A manufacturing defect occurs when something goes wrong during production or assembly. A warning defect involves inadequate information about foreseeable product dangers.
Under Texas Civil Practice and Remedies Code § 82.005, most design defect claims require proof of a safer alternative design. The applicable legal requirements depend on the particular defect and product involved.
Almost any consumer or commercial product can cause serious injuries when defective. Examples include automobiles, tires, airbags, seat belts, industrial machinery, construction equipment, power tools, household appliances, electrical products, children’s toys, and recreational equipment.
Defective medical devices, including artificial joints, pacemakers, surgical implants, and hernia mesh, can also cause devastating injuries. Dangerous prescription medications and inadequate drug warnings may give rise to claims under applicable state and federal law.
Depending on the circumstances, responsible parties may include the product manufacturer, component manufacturers, designers, assemblers, and certain distributors or retailers.
Manufacturers are generally the principal defendants. Under Texas Civil Practice and Remedies Code § 82.003, nonmanufacturing sellers are ordinarily protected from liability unless specific statutory exceptions apply. A thorough investigation helps identify the companies legally responsible for the defect and resulting injuries.
Proving a product liability claim generally requires establishing that the product was defective and that the defect caused the injury. Depending on the case, this may involve examining the product, reviewing design and manufacturing records, investigating previous failures, and analyzing applicable safety standards.
Engineers, accident reconstruction specialists, medical professionals, and other experts may be necessary to explain how the product failed and connect that failure to the injuries. Preserving the product and related evidence is often essential.
Yes. A product does not have to be recalled before an injured consumer can pursue a product liability claim. Manufacturers may face liability for defective products even when no government agency has ordered a recall and the manufacturer has not voluntarily issued one.
Likewise, a recall does not automatically establish liability. The injured person must still prove the elements of a legally recognized claim, including that the defect caused the injuries. Recall notices, prior complaints, and reports of similar failures may provide important evidence.
Yes. You generally do not have to be the original purchaser to pursue a Texas product liability claim. Injured passengers, employees, family members, bystanders, and others may have claims when a defective product causes their injuries.
For example, a passenger injured by a defective airbag or an employee injured by malfunctioning industrial machinery may have a claim against the manufacturer. The right to recover depends on the circumstances, the nature of the defect, and the applicable legal requirements.
Potentially, yes. Defective artificial joints, pacemakers, surgical implants, medical equipment, and dangerous prescription medications can cause serious and sometimes permanent injuries.
However, these cases present special legal challenges because medical devices and prescription drugs are regulated by the U.S. Food and Drug Administration. Federal preemption and special Texas statutory provisions may limit certain claims. Establishing liability frequently requires extensive medical evidence, qualified experts, and careful analysis of the applicable laws.
Depending on the circumstances, recoverable damages may include past and future medical expenses, lost earnings, diminished earning capacity, physical pain, mental anguish, physical impairment, and other legally recognized losses.
Catastrophic injuries may require compensation for future surgeries, rehabilitation, long-term care, and permanent disabilities. When a defective product causes death, eligible surviving family members may pursue wrongful death damages. Exemplary damages may also be available in certain cases involving legally sufficient proof of aggravated misconduct.
Possibly. Texas generally follows a modified proportionate responsibility system. Under Texas Civil Practice and Remedies Code § 33.001, an injured person’s recovery is generally barred if their percentage of responsibility exceeds 50%, when Chapter 33 applies.
If the injured person is 50% or less responsible, recoverable damages are generally reduced by their percentage of responsibility. Manufacturers sometimes argue that a consumer misused a product or disregarded warnings. Whether those arguments establish legal responsibility depends on the evidence and applicable law.
Most Texas personal injury lawsuits involving defective products must be filed within two years after the claim accrues, although exceptions and special rules may apply.
Texas also has a separate product liability statute of repose that generally bars claims more than 15 years after the defendant first sold the product, subject to statutory exceptions. These deadlines are governed principally by Texas Civil Practice and Remedies Code §§ 16.003 and 16.012.
Because important evidence can disappear long before these deadlines expire, contacting an attorney promptly is particularly important.
Charlie Waters Law handles product liability cases on a contingency fee basis. You do not pay attorney’s fees unless we obtain a financial recovery through a settlement or court judgment. The fee is based on an agreed percentage of the recovery, with case expenses addressed in the written fee agreement.
Product liability litigation can require substantial investigation, engineering analysis, medical experts, and other specialized evidence. We evaluate the circumstances of each case, explain the legal process, and discuss the financial arrangements before undertaking representation.