Holding Product Manufacturers Accountable


Derryberry Zips has represented numerous clients against large product manufacturers for injuries resulting from defective products, including the following:

  • Defective seatbelts
  • Defective seatbacks
  • Defective helmets
  • Defective hay balers
  • Defective tires (tire de-treads)


Product manufacturers often fail to properly test their products and devote very little of their massive profits to safety testing. In the worst cases, product manufacturers fail to include simple safety features to reduce costs and maximize profits, knowing that injuries could be prevented by simple and inexpensive safety features. Derryberry Zips has held numerous product manufacturers accountable for placing profits above the safety of the community.

Daryl Derryberry and Craig Zips are both Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

A manufacturer can be held liable for negligence if a lack of reasonable care in the production, design, or assembly of the manufacturer’s product caused harm. For example, a manufacturing company might be found negligent if its employees did not perform their work properly or if management sanctioned improper procedures and an unsafe product was made.

Breach of warranty refers to the failure of a seller to fulfill the terms of a promise, claim, or representation made concerning the quality or type of the product. The law assumes that a seller gives certain warranties concerning goods that are sold and that he or she must stand behind these assertions.

Misrepresentation in the advertising and sales promotion of a product refers to the process of giving consumers false security about the safety of a particular product, ordinarily by drawing attention away from the hazards of its use. An action lies in the intentional concealment of potential hazards or in negligent misrepresentation. The key to recovery on the basis of misrepresentation is the plaintiff’s ability to prove that he relied upon the representations that were made. Misrepresentation can be argued under a theory of breach of express warranty or a theory of strict tort liability.

Derryberry Zips, PLLC has achieved some of the largest settlements and verdicts throughout Texas.


Strict liability involves extending the responsibility of the vendor or manufacturer to all individuals who might be injured by the product, even in the absence of fault. Injured guests, bystanders, or others with no direct relationship to the product may sue for damages caused by the product. An injured party must prove that the item was defective, the defect proximately caused the injury, and the defect rendered the product unreasonably dangerous.


If you or a loved one has been injured by the following products, call Derryberry Zips:

  • Transvaginal Mesh
  • Pradaxa
  • Auto design defects
  • Tire defects
  • Dangerous drugs
  • ·Boat and personal watercraft defects
  • Construction equipment
  • Farm equipment
  • Firearms
  • Household products
  • Industrial machines
  • Medical devices
  • Pesticides
  • Pharmaceutical products
  • Roundup (Monsanto)


Daryl Derryberry and Craig Zips are both Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. If you have been injured due to someone else’s negligence or as a result of some faulty or defective product, contact Derryberry Zips for a free consultation.


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