Product Liability Lawyer

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    Product Liability Lawyers for Victims of Dangerous Drugs & Defective Products

    As consumers, the law seeks to protect us against the damaging effects of dangerous and defective goods. Since it simply isn’t possible for government agencies to test and inspect every single product that goes on the shelves, it does this by imposing strict liability on designers, manufacturers, and sellers who offer defective drugs and products to the public.

    This “strict liability” rule applies in Texas and across the country, and it means that victims of defective drugs and products do not need to prove negligence (as is required in most other injury cases) in order to recover financial compensation. If you were injured by a defective product that you were using as intended, as long as you act quickly, in most cases you will be entitled to seek a financial recovery.

    Experienced Product Liability Attorneys for Victims of Defective Drugs & Products

    Of course, actually recovering the compensation you deserve is a different story. While the law protects consumers, the defense lawyers that protect large corporations and their insurance companies know how to fight victims’ claims for just compensation. Without skilled attorneys who can level the playing field, you are unlikely to recover any money for your medical bills and other losses.

    At Morrow & Sheppard LLP, we know how to take on the big companies. In fact, we used to work for them. Today, we use the insights and inside knowledge, we gained from this experience to fight for the compensation that victims rightfully deserve.

    Get a Free Case Review by Calling Morrow & Sheppard Now.

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    Defective Products

    Defective Vehicles

    From airbags to tires, nearly every component of a vehicle has the potential to be defective. Lately, it seems like we hear about a major defect scandal on the news every few months, and the National Highway Traffic Safety Administration (NHTSA) is constantly issuing recalls for replacement of defective car and truck parts.

    Consumer Devices and Electronics

    While defects in the latest consumer devices and electronics often make headlines as well, many more dangerous products quietly cause serious – and often fatal – injuries. Defects in tools, toys, appliances, and even child safety equipment regularly lead to catastrophic injuries and claims for financial compensation.

    Building and Construction Materials

    The same also goes for construction and building materials. Construction workers and homeowners alike can face life-threatening risks as a result of defects in wiring, lightning rods, plumbing fixtures, and other items.

    Chemical Hair Straightening Products

    At Morrow & Sheppard LLP, our mission is to advocate for women who have developed uterine cancer or other forms of cancer after regularly using hair straightening products infused with harmful chemicals. Our legal team specializing in hair relaxer lawsuits brings over 20 years of experience in holding large corporations accountable for the dangerous and defective products they introduce into the marketplace, as well as the injuries they’ve caused. We fully understand the emotional strain and financial burden placed upon you and your loved ones as you confront an unexpected diagnosis. We are here to assist in whatever capacity we can.

    Dangerous Drugs and Medical Devices

    Despite the fact that medicines and medical devices are subject to FDA approval, numerous individuals fall victim to dangerous drugs and devices every year. Like other products, drugs and medical devices are subject to frequent recalls. Also like other products, these recalls often come too late. If you or a loved one has been injured by a dangerous drug or medical device, we can help you seek just compensation.

    Below is a list of our frequently asked product liability questions.

    Persons injured by a defective drug or product are often entitled to bring “strict liability” claims.  These claims are different than those ordinarily asserted in personal injury lawsuits.

    Most personal injury claims focus on the behavior of the wrongdoer.  For example, negligence claims require proof that the defendant acted unreasonably, in other words, that the wrongdoer acted differently than a reasonable person would have acted in the same or similar circumstances.

    “Strict liability” lawsuits are different.  These claims focus on the product itself.

    Under strict liability, if a product has a defect — whether in design, manufacture, warnings, or instructions — the manufacturer or distributor is liable, even if the manufacturer was not negligent in designing the product, in manufacturing it, or in issuing its warning or instructions.

    This often means product liability plaintiffs have a lower burden of proof than plaintiffs in other personal injury cases.

    The reason that strict liability exists is that, if proving a violation of the reasonable standard of care was required, manufacturers could band together and act carelessly.  They could then argue that carelessness is the reasonable standard of care in the industry.

    It is also extremely difficult to find expert witnesses who can testify to the reasonable standard of care.

    For those reasons, courts across the country agreed that persons injured by defective drugs and products should involve a different basis of liability–strict liability.

    The California Supreme Court explained the reasoning behind strict liability in its landmark Greenman decision:

    Even if there is no negligence, however, public policy demands that responsibility be fixed wherever it will most effectively reduce the hazards to life and health inherent in defective products that reach the market. It is evident that the manufacturer can anticipate some hazards and guard against the recurrence of others, as the public cannot. Those who suffer injury from defective products are unprepared to meet its consequences. The cost of an injury and the loss of time or health may be an overwhelming misfortune to the person injured, and a needless one, for the risk of injury can be insured by the manufacturer and distributed among the public as a cost of doing business. It is to the public interest to discourage the marketing of products having defects that are a menace to the public. If such products nevertheless find their way into the market it is to the public interest to place the responsibility for whatever injury they may cause upon the manufacturer, who, even if he is not negligent in the manufacture of the product, is responsible for its reaching the market. However intermittently such injuries may occur and however haphazardly they may strike, the risk of their occurrence is a constant risk and a general one. Against such a risk there should be general and constant protection and the manufacturer is best situated to afford such protection.

    A person who has been injured by a defective product may bring a strict liability claim.

    This includes defective drugs as well as dangerous consumer products.

    Claimants who have standing to bring product liability claims include:

    • A customer or patient who buys a product.
    • A customer or patent who uses a product.
    • A bystander who did not buy or use the product but was injured by it.

    Developing a dangerous drug or defective product case involves several steps.

    At the end of the day, through these steps, your Texas personal injury lawyer will seek to prove that:

    1. The product or drug is defective.
    2. The product or drug has not been substantially altered.
    3. The defect caused an injury.


    The first phase of your case is the initial investigation.

    Depending on the facts of your case, our attorneys may:

    • investigate whether there have been other issues with the product or drug
    • seek reports of prior incidents and injuries
    • look at the history of product warnings and instructions
    • find out if there have been any product recalls
    • interview engineers who designed the product
    • speak to doctors or scientists who developed the drug or medical device

    Filing A Claim

    If our investigation reveals that you have a good case, we will make a claim on your behalf.  This may involve applying for compensation from a settlement fund, or it may involve filing a court lawsuit.

    If many other people have been injured by the same drug or product that hurt you, and if they have filed claims too, your case may be moved to multidistrict litigation (MDL) so that they can be coordinated.

    In other situations, claims may be combined into a class action.


    After your claim is filed, lawyers will engage in discovery.

    During this phase, your personal injury attorneys will seek documents from the product manufacturer.

    We may also seek to take sworn testimony from the manufacturer or another person with knowledge of the drug or product.  This is called a deposition.

    Also as part of discovery, lawyers from the product manufacturer will seek your medical bills and information about you.  They may seek to take your deposition.


    Many times, proving a dangerous drug or product case requires expert testimony.  These experts–often engineers, scientists, or doctors–will use their knowledge and experience to explain why a drug or product is dangerous.


    In many cases, the parties will “mediate” the case after discovery has been conducted and experts have been identified.  “Mediation” is when both sides sit down and attempt to settle the case.


    If your case does not settle, it will typically be tried.  This involves many of the things you have probably seen on TV:  jury selection (called “voir dire”), opening statements, witness testimony, and closing arguments.


    The party that loses at trial may seek to appeal the ruling.  This process can take a long time, and the steps vary depending on the jurisdiction.

    product is defective if it is unreasonably dangerous.

    A product is unreasonably dangerous if:

    • It is in a condition not contemplated by the user; or
    • It exposes the user to an unreasonable risk of harm when used for its intended purpose.

    Determining whether a defect exists may involve balancing the product’s usefulness against its risk, or determining whether a safer design could have been used.

    Product liability cases typically involve one or more of the following defects:

    • Manufacturing defects
    • Design defects
    • Warning defects
    • Defective instructions

    A manufacturing defect exists when a product’s construction or quality deviates from intended specifications or planned output in a way that is dangerous.

    A design defect exists when a product’s design is unreasonably dangerous. If the design is defective, it does not matter whether the product was manufactured according to the intended specifications.

    A warning defect exists when the manufacturer fails to warn of a dangerous characteristic of the product.

    Your product liability claim involving a particular product might not be the first.

    Oftentimes, evidence of other similar accidents is admissible to show that a product is defective or unreasonably dangerous.


    In a product liability case, the plaintiff does not have to show the defendant was negligent or breached any warranty.

    In fact, a defendant may be liable even if it took all reasonable care in preparing and selling the product.

    Sometimes products are so obviously defective and dangerous that a manufacturer will “recall” them.  A recall is a manufacturer’s request to return a product that poses a serious danger to consumers.  Most manufacturers issue recalls because either they are forced to do so by a government agency, or because they hope to minimize their liability from lawsuits.

    Product Recalls in the United States

    Several U.S. government entities are involved in regulating products.  Many have authority to issue recalls.  Most recalls that affect ordinary Americans are issued by the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), and the National Highway Traffic Safety Administration (NHTSA).

    Federal government organizations responsible for regulating products include:

    Product Recalls Are Not a Prerequisite To Suit

    A recall is not required to bring a product liability lawsuit.  A product recall notice often can, however, be used to establish a manufacturing defect, design defect, or warning defect.

    It is important to identify the product manufacturer in a personal injury products liability case.

    But in some cases, even if the manufacturer cannot be identified, a personal injury products liability plaintiff can still be brought. Such situations include:

    1. Alternative liability: Where two wrongdoers simultaneously commit a bad act and one caused the injury.
    2. Enterprise liability: Where product manufacturers adhere to an industry-wide standard.
    3. Concert of action: Where product manufacturers pursuing a common plan aid or encourage each other, making them equally responsible for the wrong.
    4. Market share liability: Where product manufacturers have a substantial share of the market in a particular geographic area.

    Product manufacturers are typically defendants in a product liability case.

    The store or person that sold you the product may also be liable in certain cases, particularly if the manufacturer has gone out of business, was involved in the design or marketing of the product, or does not do business in the state where your suit is filed.1

    1Texas Civil Practice & Remedies Code § 82.003.

    Product liability claims are often combined with other claims, such as negligence or breach of warranty.

    Depending on the circumstances, your product liability lawsuit may entitle you to recover:

    1. Past medical expenses
    2. Future medical expenses
    3. Lost wages in the past
    4. Lost future wages
    5. Lost past physical capacity
    6. Lost future physical capacity
    7. Disfigurement
    8. Past pain and suffering
    9. Future pain and suffering
    10. Past mental anguish
    11. Future mental anguish
    12. Exemplary damages

    Get a Free Case Review by Calling Morrow & Sheppard Now.

    We’re available 24/7.

    Request A Free Case Consultation Today!

    When the insurance company calls, do not speak to them! They are after their own interests, and it can hurt your case. Act now to protect your legal rights.

    Complete the form below and we will reach out momentarily. We are available 24/7.

      Contact Morrow & Sheppard LLP for a Free Consultation Today

      At Morrow & Sheppard LLP, we represent individuals in Texas and nationwide who have been hospitalized and lost loved ones as a result injuries caused by dangerous drugs and defective products. To find out if you have a claim for compensation, call (800) 489-2216 or request a free consultation online today.

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