Who Is Liable If I Am Injured by a Defective Product?

My name is David Salazar with the Safety Guardians. I’m an attorney based in Houston, Texas. Recently someone asked me a question about product defects cases. The question was: Who exactly can be held liable for product defects or product liability cases whenever somebody is injured?

That’s a great question and it’s not exactly a simple one to answer. To dive into this, I want to let you know something. The laws are different in some way from state to state. But for the most part, they all carry the same kind of liabilities as far as who can be sued or held accountable for your injury.


Who can be held liable?

In saying that, I want to tell you who can be held liable in Texas. Let me give some examples here. In no particular order, the following can be held liable: pharmaceutical companies, laboratories, sales reps, physicians, the companies that actually market the drugs, the medical facilities, and even the pharmacists themselves.

There’s a whole line of people that can actually be held liable if they misrepresented a drug or a medical device to you in some way. There are a lot of people that can be held liable when it comes to pharmaceutical drugs or medical devices. And most people, the general public, don’t realize that. And the specifics vary slightly with each state.


What about general products?

Now, I want to talk about general products. Let’s say you have something at home, a pressure cooker or an above ground pool or a curling iron or a swing set where the chain is cracked. Let’s just talk about those things for a second.

These are common goods that people have in their homes. As far as that goes, manufacturers absolutely can be held liable for a defect if there was one. The other ones in the line of manufacturing are the suppliers of the defective products.


Everyone in the supply chain can be held liable

The suppliers themselves, the people who the manufacturers sell to and who supply the items to all the big box stores or to Amazon, those people can be held liable as well. Also in that line are distributors of defective products.

There’s a very gray area that a lot of companies try to skirt around and say, “Oh, we didn’t manufacture the product. We just distributed it. Therefore, we’re not liable.” Wrong. That is not true.

Everybody within that chain can be held liable. Individuals can be held liable for selling the product to you as well. This is just the general scope of who can be held liable and accountable for a manufactured defective product.


If you have questions

My name is David Salazar. I’m an attorney based in Houston, Texas. I try to give you guys some insights on things that you may or may not know just so you have a general understanding of this issue. If you have any questions, feel free to hit me up on my page, Safety Guardians, or send me an email. I’ll be happy to talk with you.