While most Texas motor vehicle collisions arise out of negligent driving, some are caused by defective vehicles. People harmed in crashes caused by unsafe cars have the right to pursue product liability claims against the vehicle manufacturer, but, pursuant to Texas’s statute of repose pertaining to product liability claims, they…
Articles Posted in Defective Products
Texas Court Was Proper Forum for Product Liability Case Against Tire Company, Even Though Rollover Happened in Mexico
East Texas car accident cases can sometimes involve issues beyond the typical “which driver was at fault” or “how much is the case worth” questions. For instance, sometimes the defendant in the case is not a driver at all, but instead a manufacturer of an automobile or component part. In…
Wrongful Death Case Arising from Defective Tire Dismissed for Lack of Jurisdiction in Texas Courts
East Texas car accidents can happen for many different reasons. In most multi-vehicle cases, a wreck is caused by the negligence of one or both of the drivers – speeding, distracted driving, and driving while intoxicated are all common causes of motor vehicle accidents. In a single-vehicle accident, a driver…
Texas Court Reverses Summary Judgment to Manufacturer of Tire That Allegedly Blew Out, Causing Wreck
On average, approximately 3,500 to 4,00o people lose their lives in Texas car accidents each year. Tens of thousands more are seriously injured. The cause of a crash may be obvious (such as a speeding driver running a stop sign), or a lengthy investigation may be required in order to…
Federal Court in East Texas Rejects Automobile Component Manufacturer’s Attempt to Prevent Refiling of Product Liability Claim by Man Allegedly Injured by Airbag
Most people have heard the term “statute of limitations” and are aware that the plaintiff in an east Texas car accident case has only a certain amount of time in which to file a lawsuit against the responsible party. The term “statute of repose” may be less familiar, but this…
Texas Court Lacked Personal Jurisdiction Over Canadian Corporation in Wrongful Death Lawsuit for Worker’s Death – Bautista v. Trinidad Drilling Limited
Before a court can render judgment in a lawsuit, it must have both subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction, also called in rem jurisdiction, refers to the general category (i.e., subject matter) of the case. For instance, a state probate court lacks subject matter jurisdiction over a federal criminal…
The Year of the Recall… and the Hefty NHTSA Fine
As the year comes to an end, the media will likely come up with several variations of “This has been the year of …” For those who have been paying attention to the world of product liability, particularly with respect to the automotive industry, this has been “The year of…
Airbag Maker Agrees to Largest Civil Penalty in NHTSA History, Prompting Recalls in Texas and Across the Nation
Ammonium nitrate – that’s just a fancy name for fertilizer, right? Yes and no. While its ability to provide a source of nitrogen to plants has led to its widespread use by farmers who are looking to increase their crop yields, there is another, darker side to the odorless, crystal salt…
Tractor-Trailer Accidents Caused By Tire Failures Due To Excessive Speeds
Tractor-Trailer Accidents Caused By Tire Failures Due To Excessive Speeds Tractor-trailer tires being operated at speeds that exceed their design limitations is causing an increasing number of catastrophic accidents. The increase in the allowable highway speed limits has resulted in many heavy truck tires being operated at speeds that are…
Dallas Jury Renders $73 Million Verdict Against Boston Scientific For Defective Transvaginal Mesh
A Dallas jury recently rendered a verdict for $23 million in compensatory damages and $50 million in punitive damages against Boston Scientific Corporation. The case involved a defective Obtryx sling implanted in the plaintiff to treat urinary leakage. The punitive damages finding was immediately reduced to $11 million pursuant to…