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Defective Product Claims: Your Rights as a Consumer in Texas

  • jjcattorneys
  • Oct 8
  • 5 min read

When you buy a product, you expect it to be safe. That’s the bare minimum. But sometimes, everyday items like kitchen appliances, car parts, or even toys don’t work the way they should. If that product ends up hurting someone, the harm isn’t just physical. It can bring on medical bills, missed time from work, and a lot of stress. This is where a defective product claim comes into play.


A product liability claim lets a consumer hold the responsible parties accountable, whether it’s the maker, designer, or seller. These types of claims are covered under Texas law, and they give people in Houston the right to push back when something goes wrong. But to stand a real chance, it’s important to understand what qualifies as a defect and how the law looks at these issues.


Types Of Product Defects


There isn’t just one kind of product flaw that can trigger a claim. In fact, three categories are often used to describe how things can go wrong. Each type involves a separate part of the process, whether it’s how the product was made, designed, or sold.


Here's a look at the three main types:


1. Manufacturing Defects

These happen when a product is built wrong, even if the design itself is safe. It might be a loose bolt in a children’s swing or a cracked seal on a bottle of cleaning fluid. Something went wrong during production, and that single item slipped through the cracks.


2. Design Defects

This means there’s an issue with the blueprint. Even when built correctly, the product puts users at risk because of how it's designed. A good example is a space heater that gets too hot on the outside and burns skin, even when used as instructed. The entire batch has the same flaw.


3. Marketing Defects

A marketing defect doesn’t mean false advertising. It covers issues like missing warning labels, unclear usage instructions, or mislabeled ingredients. If safety information is left off and that leads to injury, a claim may be valid.


Defects can show up in lots of everyday products: kitchen gear, power tools, medical devices, kids’ toys, you name it. A Houston resident once brought home a new power strip from a chain store. Within a week, it sparked and caught fire, damaging the outlet and part of the wall. The strip turned out to have a faulty fuse. That kind of case may fall under a manufacturing defect, and it's exactly why these categories matter.


Knowing what type of issue you’re dealing with helps decide who’s responsible and where to go from there. That sets the stage for filing the right kind of product liability claim.


Steps To Take If You’ve Been Injured


If a defective product causes harm, acting quickly matters. Once you've made sure you're safe, there are a few key steps to help protect your rights and build a strong claim later.


Start with medical care. Even if you think the injury isn’t that bad, it’s still smart to get checked out. Some injuries don’t show up right away. Headaches, swelling, or joint pain can take hours or even days to appear. Visiting a doctor as soon as possible also creates a medical record that ties your injury to the product.


Next, save the item that caused the injury. Don’t throw it away or try to fix it. Store it in the exact condition it was in when it hurt you. Hold onto any packaging, instructions, or broken parts that came with it. These could be important pieces of evidence that support your claim.


It’s also important to write everything down. This includes:


- The date and time the injury happened

- Where you bought the product and when

- A short description of what happened

- Names of any witnesses or people who were nearby

- Medical treatment details and follow-up appointments

- Receipts, medical bills, or pictures related to the injury or damage


Save this paperwork in a folder or a secure app on your phone or computer. If you’re emailing or filling out forms, keep extra copies. Over time, small details can be forgotten, so keeping a log helps make sense of it all later if a claim is filed.


Filing a Product Liability Claim in Houston


After making sure your health is taken care of and you've saved your evidence, the next step is getting legal help. Product liability cases in Houston are protected by Texas law. These laws make sure people who are harmed by unsafe products have a path to fight back.


An attorney who focuses on product liability will know how to review your case, figure out what type of defect occurred, and help identify all the people or companies involved. It’s not unusual for more than one party to share responsibility. The manufacturer, distributor, and seller could all be named in the claim depending on the facts.


The process usually starts with a full investigation. This can include:


- Looking at the defective product

- Reviewing how it was made, packaged, and sold

- Checking against safety standards and regulations

- Gathering reports from experts or past incidents

- Collecting witness statements and receipts


Once this information is gathered, your attorney can build a case that supports a claim for compensation. This might cover medical bills, lost wages, the cost of therapy, or pain and suffering related to the injury.


A good legal team will make sure you're not facing this process alone. Filing a claim on your own can be confusing, especially when dealing with companies who have legal support of their own. With guidance, you’ll be better prepared and have someone fighting for your side.


How Collum Law Firm PC Can Support You


At Collum Law Firm PC, we focus on helping people in Houston who’ve been hurt by unsafe products. Our team has handled many cases involving different types of defects and knows what it takes to get results.


We offer personal attention to every client because no two cases are the same. When someone is injured because a company didn’t do its job, we take that seriously. From the first meeting to the final decision, we walk with you each step of the way and explain your options so you can make informed decisions.


If a defective product has affected your health, work, or peace of mind, we’re here to help make sure you aren’t left alone to face it. With local experience and a focus on Houston law, we’re prepared to fight for what’s fair.


Protecting Yourself Starts With Knowing Your Rights


Every person in Houston should be able to buy everyday items without fear that something might go wrong. When a product causes harm, Texas law gives you the right to take action. But that only matters if you know those rights and use them.


Sometimes people hesitate to reach out after an injury. They may think it’s not serious enough or worry it’s too late. But the sooner you take steps, the better the chances are that something can be done. Injuries can get worse over time. Evidence can get lost. Acting early is the key.


Understanding your rights isn’t just helpful for your own situation. It helps raise the standards for safety and makes sure companies are held to the rules. By speaking up, you may prevent future injuries from happening to someone else.


Standing up for yourself after an injury isn’t about blame. It’s about fairness. It is about making sure that the people who make or sell products are held responsible when they don’t keep buyers safe. In Houston, that right is protected, and it’s worth using.


Understanding your rights when it comes to product liability claims in Houston is key to getting the justice and compensation you deserve. If a faulty product has caused you harm, the experienced team at Collum Law Firm PC is here to guide you through each step. To find out how the process works and what steps to take, we’re ready to help you move forward with confidence.


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