What are the different types of product liability actions?

Product liability actions are legal claims brought against the manufacturer, distributor, retailer, and/or anyone else in the chain of distribution for a defective product. In Texas, product liability actions fall into two general categories: strict liability and negligence. Strict liability focuses on the product itself and holds manufacturers accountable for injuries or damages caused by their products, regardless of whether they acted diligently in making the product. Under this type of claim, the injured party must show that the product was defective, through design or manufacturing, and that the defect caused their injury. Negligence-based liability claims focus on actions taken by the manufacturer that may have caused the injury or damage. To have standing, the injured party must prove that the manufacturer failed to take reasonable care in making the product, thereby causing the injury. The most common type of product liability action in Texas is a breach of warranty claim. This type of claim states that a product was sold with a warranty that was not honored by the manufacturer. This type of claim does not require the injured party to prove that the manufacturer was negligent or strictly liable. In addition, Texas courts have allowed for breach of express warranties, breach of implied warranties, misrepresentation, negligent misrepresentation, and misrepresentation of material facts claims. Each of these claims require different elements to be proven and can result in different remedies.

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What are the different types of product liability actions?

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