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Dangerous product law, commonly called product liability law, covers injuries or damages caused by defective or unsafe products. In McAllen, Texas, these claims can involve consumer goods, medical devices, pharmaceuticals, automobiles, tools, or any product that causes harm when used as intended or in a reasonably foreseeable way. The law focuses on whether the product was defectively designed, defectively manufactured, or lacked adequate warnings or instructions. Liability can attach to manufacturers, distributors, retailers, importers, and sometimes parties that repaired or modified the product.
Product liability cases can be complex. A lawyer can help if you are facing any situation such as:
- Serious personal injury or wrongful death caused by a product, including medical injuries, burns, fractures, or poisoning.
- A product defect that affected multiple people, suggesting a wider safety issue or possible recall.
- A business or household loss from a defective product that caused property damage, fire, or loss of use.
- Conflicting accounts about how the product was used or whether it was altered after purchase.
- A manufacturer, distributor, or insurer denies responsibility or offers a settlement that may be too low.
- You are asked to sign a release or waiver shortly after an incident, or you are contacted by the product company or its lawyer.
An experienced attorney can evaluate legal theories, identify liable parties, preserve critical evidence, calculate damages, and handle negotiations or litigation on your behalf.
Key local and state aspects relevant to dangerous product claims in McAllen include:
- Governing law: Product liability claims in McAllen are governed primarily by Texas state law. Texas recognizes multiple legal theories for recovery - strict products liability, negligence, breach of warranty, and negligent misrepresentation.
- Time limits: The statute of limitations for most personal injury claims in Texas is two years from the date of injury. Wrongful death claims also have short filing deadlines. Acting promptly is essential to preserve your right to sue.
- Comparative fault: Texas follows a proportionate responsibility system. If a plaintiff is partially at fault, recovery is reduced by the plaintiff's percentage of fault. In many cases a plaintiff cannot recover if their percentage of fault exceeds 50 percent.
- Damages: Plaintiffs may seek economic damages - medical bills, lost wages, property loss - and non-economic damages - pain and suffering. Texas has particular rules and heightened standards for punitive damages, which require clear and convincing evidence of fraud, malice, or gross negligence.
- Where to file: Many product liability suits are filed in state district court in Hidalgo County. If the parties are from different states and the amount in controversy meets the federal threshold, the case might be removed or filed in federal court - the relevant federal court for McAllen is the Southern District of Texas.
- Local practice: McAllen and Hidalgo County courts may have particular local rules and procedures for filing, discovery, and courtroom practices. Experienced local counsel can help you navigate these rules effectively.
A dangerous or defective product is one that causes harm because of a manufacturing defect, a design defect, or inadequate warnings or instructions. A manufacturing defect means something went wrong during production. A design defect means the product was unreasonably dangerous as designed. Failure to warn means the product lacked adequate instructions or warnings about risks that a user would not reasonably expect.
Proof usually requires showing the product had a defect, the defect caused your injury, and you used the product in a reasonably foreseeable manner. Evidence can include the damaged product itself, photos, medical records, expert testimony, maintenance records, purchase receipts, and any communications with the manufacturer or seller.
Potentially liable parties include manufacturers, designers, component part makers, distributors, wholesalers, retailers, importers, and sometimes repair or maintenance providers. Liability depends on each party's role and how their conduct contributed to the defect or failure to warn.
Under Texas law, the general deadline for personal injury claims is two years from the date of injury. Wrongful death claims also have strict deadlines. There may be other time limits for breach of warranty or property damage claims. Because deadlines are short, consult an attorney promptly to avoid losing your right to sue.
Yes. Texas reduces a plaintiff's recovery by their percentage of fault under the proportionate responsibility system. However, if your percentage of fault is greater than 50 percent, you may be barred from recovering damages.
You can seek economic damages such as medical expenses, future medical care, lost wages, and property repair or replacement. Non-economic damages include pain and suffering and loss of enjoyment of life. In limited situations, punitive damages may be available if you can show the defendant acted with gross negligence, malice, or fraud.
Do not accept a quick offer before you understand the full extent of your injuries and damages. Early offers are often intended to limit long-term exposure. Consult a lawyer to evaluate offers, estimate future costs, and negotiate on your behalf. Do not sign releases without legal advice.
If the product was altered after sale or used in an unforeseeable way, defendants may argue you caused the harm and are partially or wholly responsible. A lawyer can investigate usage, the modification history, and whether the alteration was foreseeable to assess liability.
If a manufacturer has gone out of business, other parties in the distribution chain may still be liable. If the manufacturer is overseas, jurisdiction and enforcement can be more complicated but not always impossible. Local counsel can look for alternative defendants and evaluate practical options for recovery.
Report harmful products to the appropriate government agency, depending on the product type. For consumer products, the U.S. Consumer Product Safety Commission collects reports. For vehicles, report to the National Highway Traffic Safety Administration. For drugs and medical devices, report to the Food and Drug Administration. You can also report issues to the Texas Attorney General's consumer protection division and local health authorities.
Helpful organizations and agencies for dangerous product issues in and around McAllen include:
- Texas Attorney General - consumer protection resources and complaint intake.
- U.S. Consumer Product Safety Commission - product safety reporting and recall information.
- National Highway Traffic Safety Administration - vehicle safety and defect reporting.
- U.S. Food and Drug Administration - drug and medical device safety reports.
- Texas RioGrande Legal Aid and local legal aid organizations - for low income or qualifying individuals.
- Hidalgo County District Clerk and Justice Courts - for filing civil lawsuits and retrieving court records.
- State Bar of Texas - lawyer referral services to find qualified product liability attorneys in the Rio Grande Valley.
- Local hospitals and medical providers - for emergency care and medical documentation.
If you have been injured or harmed by a product in McAllen, consider the following practical steps:
- Seek immediate medical attention and follow medical advice. Your health is the priority and your medical records document the injury.
- Preserve the product and all related items - do not discard the product, packaging, manuals, or parts. If safe, store them in a secure place.
- Take photos and videos of the product, the scene, your injuries, and any labels or serial numbers.
- Gather documents - purchase receipts, warranties, maintenance records, and any correspondence with the seller or manufacturer.
- Write down your account of what happened while details are fresh - dates, times, witnesses, and conversations.
- Report the incident to the appropriate government agency for the product type and to the seller or manufacturer if requested, but do not sign releases or accept settlements before consulting a lawyer.
- Contact a local product liability attorney for a consultation. Look for attorneys with experience in dangerous product cases and in local courts. Ask about experience with similar cases, fee structures, and whether they handle cases on contingency.
- Act promptly to meet statutory deadlines and to allow counsel to preserve evidence and investigate the claim.
