Brownsville Product Liability Defense Attorney
When manufacturers are facing product liability claims in South Texas, having qualified defense representation is absolutely essential. Plaintiffs’ lawyers are relentless in their pursuit of damages in these cases, and it takes a special kind of law firm to provide a defense that can match them.
At the law firm of Colvin, Saenz, Rodriguez & Kennamer, L.L.P., our Brownsville product liability defense attorneys provide skillful representation to product manufacturers facing any type of liability claim. We understand what is at stake for your company’s reputation and bottom line in these cases. You can rely on us to pursue every available option in an effort to secure a favorable outcome.
Experienced Brownsville Attorneys Defending Product Liability Claims
Our lawyers have extensive experience representing product manufacturers from a variety of industries, including automobile, transportation, trucking, medical device, pharmaceutical, industrial, recreational products, children’s products and electrical products. We have a complete understanding of the law in these matters, and we know how to develop a strong defense on your behalf.
We are prepared to represent you in any type of product liability claim, including the following:
- Design, manufacturing and marketing defect strict liability or negligence claims
- Crashworthiness claims in auto accidents and trucking rollover claims
- Claims for alleged misrepresentation and breach of express or implied warranty
- Defective drug or dangerous product and medical device claims
- Alleged violations of the Texas Deceptive Trade Practices Act
- Claims involving negligence and alleged misconduct warranting punitive damage awards
Types of Products Liability Claims
Products liability claims can be brought under many different legal theories. The facts that must be proven, and the type and amount of damages available, vary greatly depending upon the underlying legal theory. Often in products liability litigation, plaintiffs will include several different theories of recovery in their petition, forcing defendants to defend and litigate under many different types of legal theories in order to avoid liability and often excessive jury awards. The Brownsville Product liability attorneys at Colvin, Saenz, Rodriguez & Kennamer, L.L.P. in Brownsville have extensive experience in products liability defense in south Texas. Below is a look at the main legal theories which provide a basis for most products liability claims.
Contract Claims – Express and Implied Warranties
Express Warranty – Most goods produced today come with an express warranty that they are free from defects in materials and workmanship. An express warranty is most often granted for a limited time period, and the terms of the warranty itself may limit the manufacturer’s liability to repair or replacement of a defective item. Plaintiffs seeking money damages must most often look to other theories beyond seeking satisfaction under an express warranty.
Implied Warranties – Unless expressly disclaimed, most goods come with an implied warranty of merchantability, which means they should comply with the buyer’s reasonable expectations about the product. When a good is sold with the seller’s knowledge that it will be used for a particular purpose, a warranty of fitness for that particular use may be implied as well. As a contract claim, remedies for breach of implied warranty may include all actual damages and related economic damages. Texas courts have even ordered the payment of the other party’s attorney’s fees in a breach of implied warranty claim.
Tort Claims – Negligence, Misrepresentation and Strict Products Liability
Tort claims are not based on the contractual relationship between buyer and seller or manufacturer and end user, but rather on some legal wrong committed by the manufacturer. A plaintiff in a tort case is not limited to actual damages and other contract-based damages but may also claim damages for expected future economic harm, as well as non-economic damages such as pain and suffering, mental anguish and emotional distress. The subjective nature of noneconomic damages, presented to sympathetic juries, drives up the cost of tort claims well above contract claims on average. In a products liability case involving personal injury, expect that tort claims will be pleaded instead of or in addition to any warranty claims. Common tort claims in products liability cases include negligence, misrepresentation, and strict liability.
Negligence – The elements of a negligence claim that must be proven include 1) a duty of reasonable care owed by the defendant to the plaintiff, 2) a breach of that duty, 3) injury to the plaintiff which can be traced to the defendant’s breach as the proximate (legal) cause of the injury, and 4) money damages.
Misrepresentation – A misrepresentation claim could include an allegation that the safety or appropriate uses of a product were misstated or overstated by a retailer, or by the manufacturer in its product packaging, labeling or advertising. A plaintiff may bring a claim of negligent misrepresentation, intentional misrepresentation, or both.
Strict Liability in Tort – Strict products liability, or simply strict liability, is a favorite of the plaintiff’s bar. Under a strict liability theory, the full range of tort damages are available, but the plaintiff is not required to prove negligence or fault on the part of the defendant manufacturer, distributor or retailer. Instead, it is enough to demonstrate that a product was defective when it left the control of the manufacturer (or distributor, or retailer), and that the product caused injury to the end user. These cases often involve extensive research and discovery into the design and manufacturing process of the product.
Contact Colvin, Saenz, Rodriguez & Kennamer, L.L.P.
To schedule a consultation regarding your product liability matter, you can reach us by phone at 956-542-7441, toll free at 866-330-6805 or via email.
