“Law Notes: When product defects cause injury, damages” article by Ronald Rodriguez

Law Notes: When product defects cause injury, damages

By Ronald Rodriguez, Laredo Morning Times – Sunday, July 14, 2002

Product liability refers to the liability incurred by manufacturers and sellers of products when product defects cause injury or property damages to consumers, users, or bystanders (people in the vicinity of the product). Product liability encompasses the tort theories of negligence, misrepresentation and strict liability.

Negligence

Negligence is defined as the failure to exercise the degree of care that a reasonable, prudent person would have exercised under the circumstances. If a manufacturer fails to exercise “due care” to make a product safe, a person who is injured by the product may sue the manufacturer for negligence.

Due care must be exercised in designing the product, in selecting the materials, in using the appropriate production process, in assembling and testing the product, and in placing adequate warning on the label informing the user of dangers of which an ordinary person might not be aware. The duty of care also extends to the inspection and testing of any purchased products that are used in the final product sold by the manufacturer.

Privity of Contract

A product liability action based on negligence does not require the injured plaintiff and the negligent defendant-manufacturer to be in privity of contract. That is, the plaintiff and the defendant need not be directly involved in a contractual relationship. A manufacturer is liable for its failure to exercise due care to any person who sustains an injury proximately caused by a negligently made (defective) product.

Violation of Statutory Duty

Numerous federal and state laws impose duties on manufacturers of cosmetics, drugs, goods, toxic substances, and flammable materials. These duties involve appropriate description of contents, labeling, branding, advertising, and selling.

For example, federal statutes include the Flammable Fabrics Act (1953); the Federal Food, Drug and Cosmetic Act (1938); and the Hazardous Substances Labeling Act (1960). In a tort action for damages, a violation of statutory duty is often held to constitute negligence per se (negligence in itself, or inherent negligence).

We will discuss products liability law further next week in Legal Notes.

For questions involving particular products liability issues, you should consult a trial lawyer immediately for specific advice on the particular set of facts and circumstances.

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About the Author: Ronald Rodriguez

Ronald Rodriguez is a nationally recognized Texas personal injury trial and appellate attorney, legal educator, and author whose career has been defined by major verdicts, appellate victories, and a strong commitment to justice.

Mr. Rodriguez is Board Certified in Personal Injury Trial Law and Civil Appellate Law by the Texas Board of Legal Specialization. This rare dual certification sets him apart. It allows him to not only build powerful cases at trial, but also protect and sustain those results on appeal.

He is also an adjunct professor at the University of Texas School of Law, where he teaches Texas Personal Injury Trial Law. This is the first class of its kind, and his textbook, the Texas Personal Injury Trial Law Handbook, serves as the foundation for the course. His role in teaching future attorneys reflects a deep level of knowledge and leadership in the field.

Mr. Rodriguez is the founder and managing attorney of Texas Personal Injury Experts, PLLC, a leading personal injury law firm with offices in Austin and Laredo. The firm represents individuals and families in high-stakes cases involving catastrophic injuries, wrongful death, and complex litigation.

A Proven Record of Results

Throughout his career, Mr. Rodriguez has secured numerous multimillion dollar verdicts and has been involved in some of the most significant cases in Texas.

His results include:

A $281 million jury verdict, one of the largest in Texas

A $47.5 million verdict against a private prison company

Recognition as Trial Lawyer of the Year by the National Public Justice Foundation

Induction into the Texas Lawyer Jury Verdict Hall of Fame

His work has also been featured in major national publications, including The New York Times, The Wall Street Journal, Bloomberg News, Texas Lawyer, and Lawyers USA.

Author of the Texas Personal Injury Trial Law Handbook

Mr. Rodriguez is the author of the Texas Personal Injury Trial Law Handbook, a comprehensive and practice-oriented guide to personal injury litigation in Texas.

The handbook provides a start to finish breakdown of the personal injury process, including:

Case evaluation and early investigation

Medical records and insurance communications

Settlement demands and legal strategy

Discovery and pretrial preparation

Trial presentation and jury charges

Post-trial motions and case resolution

Each chapter includes practical forms and real-world insight, making it a valuable resource for both legal professionals and individuals seeking to better understand their case.

Why His Perspective Matters

What sets Mr. Rodriguez apart is his combined experience in trial law, appellate law, and legal education.

Clients benefit from:

Trial strategies built to withstand appellate review

A deeper understanding of legal procedure and case development

Experience handling high-stakes and complex litigation

Insight shaped by teaching personal injury law at a top law school

This dual perspective allows for a more strategic and comprehensive approach to every case.

Learn From a Lawyer Who Teaches the Law

As a professor at the University of Texas School of Law, Mr. Rodriguez teaches the same concepts he applies in real cases.

This means clients and readers are learning from someone who not only practices law at a high level, but also teaches and refines those principles in an academic setting.

Thinking About Your Next Step

Understanding your rights is the first step. Having the right legal representation can make a meaningful difference in the outcome of your case.

If you or a loved one has been injured in Texas, Texas Personal Injury Experts provides strategic, client-focused representation backed by trial experience and appellate strength.

Call 833-300-0000 for a free case evaluation
No fee unless we win your case