Find Product Liability Lawyers Near You in Midland, TX

The cost of hiring a product liability lawyer in Texas is typically structured as a contingency fee, meaning the lawyer receives a percentage of your recovery only if you win. Common fee percentages range from 33 percent for cases settled before a lawsuit is filed to 40 percent for cases that go to trial or require extensive litigation. For example, on a $100,000 settlement at 33 percent, the lawyer would receive $33,000, and you would receive $67,000 minus any case costs. Case costs are separate from fees and can include expert witness fees, engineering analysis, medical record retrieval, deposition costs, and travel. In a complex case involving a defective medical device or industrial machinery, these costs can easily reach $50,000 to $100,000. Some lawyers advance these costs and are reimbursed from your recovery, while others may require you to pay them as they arise. It is important to get a written fee agreement that clearly states the percentage, how costs are handled, and what happens if you lose.

This information is general and does not constitute legal advice. Laws and fees vary by case and jurisdiction. You should consult a qualified Texas product liability attorney for advice specific to your situation.

Product liability law addresses the legal responsibility of manufacturers, distributors, and retailers when a product causes harm due to a defect. In Midland, Texas, these cases typically fall into four categories: defective design, manufacturing defects, failure to warn, and breach of warranty. A defective design exists when a product is inherently unsafe even if made correctly, such as a vehicle with a tendency to roll over. A manufacturing defect occurs when a product deviates from its intended design during production, like a batch of medication contaminated during processing. Failure to warn involves inadequate instructions or missing safety warnings about a product’s risks. Breach of warranty arises when a product does not meet the promises made by its seller, whether express or implied. Under Texas law, these claims can be pursued under strict liability or negligence theories. Strict liability does not require proof of fault—only that the product was defective and caused injury. Negligence, by contrast, requires showing that the manufacturer failed to exercise reasonable care in design, production, or warnings.

Texas has adopted strict liability for product defects, meaning a plaintiff does not need to prove the manufacturer acted carelessly, only that the product was unreasonably dangerous. The statute of limitations for product liability claims in Texas is two years from the date of injury or discovery of the harm. However, Texas also has a statute of repose that bars claims for products more than 15 years after their sale, with exceptions for latent diseases or injuries that manifest later. The Texas Product Liability Act, codified in Chapter 82 of the Texas Civil Practice and Remedies Code, governs these claims. It defines a “products liability action” broadly to include claims for design, marketing, and manufacturing defects. Texas follows a modified comparative fault rule, meaning your compensation is reduced by your percentage of fault, and you cannot recover if you are more than 50 percent at fault. Joint and several liability applies in Texas, but only for defendants found to be more than 50 percent responsible; defendants with less than 50 percent fault are liable only for their proportionate share.

Common product liability cases in Midland involve defective vehicles, dangerous drugs, household products, industrial equipment, and food contamination. Vehicle recalls are frequent, with issues ranging from faulty airbags to defective brakes or steering systems. In Midland, where many residents drive trucks and SUVs for work or recreation, rollover risks and tire failures are notable concerns. Dangerous drugs and medical devices, such as hip implants or blood thinners, often lead to claims when side effects are not disclosed or the product is defectively manufactured. Defective household products include appliances that catch fire, power tools that malfunction, or children’s toys with choking hazards. Industrial equipment failures are particularly relevant in the Permian Basin, where oilfield machinery, pumps, and pressure vessels can cause severe injuries if they break or explode. Food contamination cases involve pathogens like Salmonella or E. coli, or foreign objects in food products, leading to illness or injury.

Proving a product liability claim requires showing four elements: the product was defective, the defect existed when it left the defendant’s control, the defect caused the injury, and the plaintiff suffered actual damages. Expert testimony is almost always necessary to establish the defect and causation. For example, an engineer may need to analyze a vehicle’s design, or a medical expert may explain how a drug caused a specific injury. Preserving the product as evidence is critical—do not repair, discard, or alter the product after an accident. Photographs, receipts, and recall records can also support your case. Recall records from the Consumer Product Safety Commission or the National Highway Traffic Safety Administration can show that the manufacturer knew of the defect. In Texas, you must also show that the product was used in a reasonably foreseeable manner; misuse can reduce or bar recovery.

When hiring a product liability lawyer in Midland, most attorneys work on a contingency fee basis, meaning they take a percentage of your settlement or verdict if you win. Typical contingency fees range from 33 to 40 percent, with 33 percent common for pre-litigation settlements and 40 percent if the case goes to trial. However, case costs can be significant and are often deducted from your recovery before the fee is calculated. These costs may include expert witness fees, engineering analysis, medical records retrieval, deposition costs, and travel expenses. For complex cases, such as those involving defective medical devices or industrial machinery, costs can easily exceed $50,000 to $100,000. Some lawyers advance these costs and are reimbursed only if you win, but you should clarify this arrangement in writing. In some situations, your case may be consolidated into multi-district litigation (MDL) if it is similar to many others against the same defendant. MDL cases are handled in federal court and can streamline discovery and pretrial motions, but each case still has its own trial. Individual suits may offer more control and potentially higher damages, but they also carry greater risk and cost.

Class actions and MDL are two ways to handle mass product liability claims. In a class action, a group of plaintiffs with similar injuries sues as a single group, and a single verdict or settlement applies to all members. Class actions are common for cases where individual damages are small, such as a defective household product that causes minor property damage. In contrast, MDL is used when individual damages are large, such as with a dangerous drug or medical device. In MDL, cases are coordinated for pretrial proceedings, but each plaintiff retains their own case for trial. Bellwether trials are used in MDL to test the strength of claims; a few representative cases go to trial first, and the outcomes often guide settlement negotiations. Settlement funds in MDL or class actions may be structured as a pool, with payments based on injury severity. Plaintiffs can opt out of a class action to pursue their own lawsuit, which may allow for higher individual damages but also involves more risk and cost. Pros of joining a class action include lower individual costs and shared resources, but cons include less control and potentially lower compensation. An attorney can advise whether joining a class action or pursuing an individual claim is better for your specific situation.