Practice Area
Defective Products
When a product may have contributed to a serious injury, the product itself and its history matter as much as the event. Texas law asks three separate questions about a product: whether the unit was built as intended; whether the design was unreasonably dangerous when a safer one was available; and whether users were adequately warned. None of them is answered from the injury, a recall, or a brand name alone. Leatherwood & Schindler puts safety ahead of evidence, asks qualified custodians to preserve it where safely possible without delaying protective action or an applicable recall remedy, and works through the three questions from the product and its records.
Detailed Practice Areas
- Manufacturing DefectsA manufacturing defect claim asks whether the particular unit that caused the injury left its maker different from what the maker intended, and the answer comes from the unit itself, the maker’s specifications and quality records, and comparison with a correctly built example.
- Design DefectsA design defect claim asks whether the product as designed was unreasonably dangerous and whether a safer alternative design was available and practical at the applicable time it left the manufacturer’s or seller’s control, questions answered from design records, testing, standards, and technical analysis of the failure.
- Failure to WarnA failure-to-warn claim asks whether the maker or seller warned of a danger it knew or should have known about, and whether the warning and instructions that existed would have been noticed and understood by an ordinary user, questions answered from the label, the manual, the packaging, and what the company knew.