If you or a loved one has been injured or killed by a defective product in Austin, TX, you may have legal options. At Guajardo Injury Law, we help individuals pursue justice against negligent manufacturers, distributors, and retailers.
Common Types of Defective Products:
- Automobiles and auto parts, including faulty airbags, brakes, tires, or ignition systems
- Medical devices, such as defective implants, pacemakers, or surgical mesh
- Prescription drugs with undisclosed side effects or incorrect labeling
- Children’s toys containing choking hazards, toxic materials, or dangerous components
- Household appliances that cause fires, electric shocks, or malfunctions
- Power tools and machinery lacking proper safety guards or having functioning defects
- Electronics and batteries prone to overheating, explosions, or electrical failures
- Food and beverages that are contaminated or with improper allergen labeling
- Cosmetics and personal care items containing harmful chemicals or undisclosed allergens
You Have the Right to Seek Compensation for Your Injury and Losses
Defective products are consumer goods that cause harm due to design flaws, manufacturing errors, or insufficient warnings. These defects can lead to serious injuries or even fatalities, ranging from unsafe vehicles and faulty medical devices to flammable household goods and malfunctioning electronics. In Texas, product liability laws hold manufacturers, distributors, and retailers accountable when their negligence results in harm.
If you’ve suffered an injury (or lost a loved one) because of a dangerous or defective product, you may be entitled to take legal action. A personal injury lawyer or wrongful death lawyer at Guajardo Injury Law can help you understand your rights, investigate the defect, and pursue fair compensation for medical costs, lost income, pain, and suffering.
What You Can Expect When You Contact Mr. Guajardo
If you’ve been injured or lost a loved one due to a defective product, working with a knowledgeable personal injury lawyer can make all the difference. At Guajardo Injury Law, we begin by thoroughly investigating your case, examining the product, your injuries, and how the defect occurred. We consult with experts, preserve key evidence, and identify all potentially liable parties, whether that’s the manufacturer, distributor, or retailer.
Throughout the legal process, Austin personal injury lawyer Mike Guajardo remains accessible and personally involved in every case. We handle all communications with insurance companies and opposing counsel, build a legal strategy, and pursue the best outcome possible, whether through negotiation or litigation. If your case involves a tragic loss, our firm also has the experience to serve as your wrongful death lawyer, helping you seek justice for your loved one’s death.
What Types of Defective Products Cases Do We Handle?
At Guajardo Injury Law, we represent individuals and families harmed by dangerous or defective products in Austin, TX. Our firm handles a wide range of product liability cases, each falling into one of several key categories under Texas law.
Design Defects
Design defects occur when a product is inherently dangerous due to flaws in its blueprint. These affect every unit manufactured and can lead to catastrophic injuries or death. For example, a vehicle designed without adequate rollover protection or a power tool with unstable balance could pose an unreasonable risk to all users.
Manufacturing Defects
Manufacturing defects happen when a safe design is compromised during production, such as faulty wiring, contamination during assembly, or missing components. These typically impact a limited number of products, but even one defective unit can cause severe harm. We preserve evidence and work with engineers and product experts to pinpoint the source of failure.
Marketing Defects
Also known as failure to warn, marketing defects occur when products are sold without adequate warnings, instructions, or disclosures. This includes improper labeling, omitted hazard warnings, or misleading marketing that suggests a product is safer than it is. An example is medication with undisclosed side effects or toys without age-appropriate warnings.
Breach of Warranty
When a product fails to meet the standards promised by a manufacturer or seller, the consumer may have a claim for breach of warranty. This includes express warranties (written or spoken guarantees) and implied warranties (basic expectations of safety and functionality). If a product does not perform as reasonably expected, we can help you seek justice.
We Secure the Best Possible Compensation, as Evidenced by Our Case Results
Mr. Guajardo becomes invested in every case he takes on, treating each client’s story as if it were his own. His emotional connection to his clients drives him to fight fiercely against those responsible, especially when negligence leads to devastating injuries or wrongful death. We are committed to securing the best possible outcome for each client, as reflected in our results:
- $15,500,000 settlement for an 18-wheeler crash that killed several family members and left a survivor with a traumatic brain injury
- $12,000,000 settlement for a fatal 18-wheeler crash involving a truck driver with an impaired driving history and failed company oversight
- $1,000,000 settlement for a wrongful death caused by a drug-impaired 18-wheeler driver who rear-ended our client’s wife
What to Do Immediately After Injury or Death From Defective Products:
- Call 911 or seek emergency medical attention if anyone is seriously injured
- Preserve the defective product in its current condition (do not alter, fix, or discard it)
- Take clear photos of the product, the injury scene, and any visible injuries
- Collect packaging, manuals, receipts, and warranty documentation
- Gather contact information for any witnesses who saw the incident occur
- Request a full medical evaluation and keep copies of all records and bills
- Avoid posting about the incident on social media platforms
- Contact a personal injury lawyer or wrongful death lawyer as soon as possible
- Document all missed work, income loss, and out-of-pocket expenses
- Follow all medical advice and treatment plans to support your recovery and case integrity
Who Can Be Held Liable for Product Defects?
In Texas, product liability law holds manufacturers, distributors, and in some cases, retailers responsible when a defective product causes injury or death. Product defect cases fall under strict liability, meaning injured consumers do not need to prove negligence, only that the product was defective and caused harm when used as intended.
Manufacturers are often the primary target in product liability cases, as they are responsible for design, production, and safety testing. However, retailers may also be held liable if they altered the product or misrepresented its safety. Texas law includes an “innocent retailer” defense, which protects retailers who sold the product unchanged and unaware of the defect.
An experienced personal injury lawyer at Guajardo Injury Law can help identify all responsible parties and pursue the best possible outcome under Texas product liability law.
Defective Products FAQs
Do I have to prove negligence to win a product liability case in Austin?
Not necessarily. Texas follows a strict liability standard for defective products. This means you don’t need to prove that a company was negligent, only that the product was defective, you used it as intended, and it directly caused your injury or a loved one’s death.
Can a retailer be held responsible for a defective product?
In some cases, yes. However, under Texas’s “innocent retailer” defense, retailers are usually protected from liability if they did not alter the product and were unaware of the defect. A personal injury lawyer can help determine if a retailer may still share responsibility.
Is there a time limit to file a product liability lawsuit in Texas?
Yes. Texas has a 15-year statute of repose from the date of purchase. However, if your injury wasn’t immediately apparent, or if a written warranty extends the timeline, additional time may be allowed. An attorney can help evaluate your specific circumstances.
What compensation can I recover in a defective product case?
You may be eligible to recover damages for medical expenses, lost wages, pain and suffering, emotional distress, and, in wrongful death cases, funeral costs and loss of companionship. Mr. Guajardo is dedicated to pursuing the best outcome possible for your case.
Fight for Justice and Hold the Bad Guys Responsible
Mr. Guajardo is a seasoned personal injury lawyer in Austin with over 30 years of experience standing up to negligent manufacturers, distributors, and corporations. He approaches every case with compassion for his clients and relentless determination to expose wrongdoing. Whether your case involves a serious injury or the wrongful death of a loved one, he is committed to pursuing the best possible outcome and holding those at fault accountable. Contact Guajardo Injury Law today to schedule your consultation.