When you purchase a toy, a car seat or a piece of nursery furniture for your child, you expect it to be completely safe. But, if your kid suffers an injury because of a defective product, knowing what you can do next can help ease the anxiety you may be feeling.
Hidden risks in various items
A defect is not always something you can see or discover before use. The following are among the more common hazards that federal agencies have found in children’s products:
- Small parts that can break off and pose a choking risk
- Toxic materials such as lead in paint, banned chemicals or other harmful substances
- Loose or high-powered magnets that can cause serious internal injuries if swallowed
- Structural failures in cribs, strollers or highchairs that create entrapment or fall risks
- Flammable materials in children’s sleepwear or costumes that do not meet federal standards
Federal agencies routinely issue recalls for children’s products that violate safety standards. Staying informed about recalls is a useful step, but it does not replace the legal protections available should an injury occur.
Legal grounds for taking action
Product liability claims in Texas typically rest on one of the following:
- A manufacturing error occurs when an item strays from its intended design during production, making the item itself the problem rather than the concept behind it
- A design flaw means the item is unsafe no matter how carefully the manufacturer assembled it, and you must demonstrate that a safer alternative was both feasible and practical at the time the company produced it
- A gap in warnings or labeling arises when a maker fails to alert buyers to a known risk tied to the product’s intended use
Identifying which category applies to your situation is important because each one will influence what type of evidence you will need to present in court.
Accountability under Texas law
The state treats many product liability claims under a strict liability standard. This means that if a defective item injures your child, you may not need to prove that the manufacturer or seller acted carelessly. Instead, the key questions generally are whether the product had a flaw and that caused the injury.
Depending on the circumstances, more than one party in the supply chain may face liability. The manufacturer of the finished product, the maker of a component part, a distributor and even a retail seller could all be held responsible for their role.
Legal paths for affected families
Texas law allows you to file a civil claim for damages. These may cover medical costs, pain and suffering and, in certain situations, expenses tied to long-term care. What you may recover depends on the severity of the injury and the facts of your case.
It is worth knowing that the state has a two-year deadline for filing for product liability cases, starting from the date of the injury. However, you should be aware that a 15-year “statute of repose” exists. This means that if the original sale occurred more than 15 years ago, you will not be able to seek compensation.
Because these cases tend to be complex and difficult to navigate, consulting with a lawyer can help. They can review all the relevant documents you have and assist with identifying which specific parties in the supply chain you can legally hold accountable.
