Texas Product Liability Lawyer

If a defective product hurt you in Texas, you may have a claim against the company that made it, and sometimes against the companies that sold it. You do not always have to prove anyone was careless. You have to show the product was defective and that the defect caused your injury. My job is to figure out which kind of defect you are dealing with and who is responsible for it. I am a Board Certified Personal Injury Trial Lawyer at the Law Office of Robert House in River Place, Austin, Texas 78730, and I handle product injury cases across Texas. For how these claims differ from an ordinary crash case, see what a products liability case is and how it differs from a car wreck claim.

Who This Page Is For

This page is for people in Texas who were injured because a product broke, failed, caught fire, or came without a proper warning:

• Drivers and passengers hurt when a vehicle part failed
• Riders hurt by an e-bike or scooter battery fire or a frame or brake failure
• People injured at home or at work by an appliance, power tool, or piece of equipment
• Patients harmed by a medical device, and parents of children hurt by a children’s product
• Families after a fatal product failure. See my wrongful death lawyer Austin page when a death is involved

The Three Kinds of Product Defects, in Plain Words

Texas product cases generally fall into one or more of three categories. Which one fits your facts decides what we have to prove and which experts we need.

• Manufacturing defect: the unit that hurt you came out different from how it was supposed to be built. Think of a bad weld, a cracked part, or a contaminated batch.
• Design defect: every unit is built the same way, and the design itself is unreasonably dangerous. Texas generally requires showing that a safer alternative design was available.
• Marketing or failure-to-warn defect: the product came with missing or inadequate warnings or instructions about a danger that was not obvious.

Some cases involve more than one theory. For a deeper look at manufacturing vs design defects, see my guide to manufacturing vs design defects.

Products That Commonly Lead to Injury Claims

These are examples of the kinds of products that come up in defect cases, not a list of results:

• Vehicle parts: airbags, tires, brakes, seatbelts
• E-bike and scooter batteries and chargers
• Household appliances
• Power tools and shop equipment
• Medical devices
• Children’s products such as car seats, cribs, and toys

Burned in a fire, explosion, or chemical or electrical accident? See my Austin burn injury lawyer page. Hurt on an ATV or off-road vehicle? See my Austin ATV accident lawyer page. If a defective aircraft part played a role in a plane or helicopter crash, see my aviation accident page.

Who May Be Responsible

A product often passes through several companies before it reaches you. Depending on the facts, responsibility can reach the manufacturer of the finished product, the maker of a component part, and sometimes distributors or retailers. Texas limits claims against sellers who did not make the product, though there are exceptions. I identify every company in the chain that may be responsible so a claim is not aimed at the wrong defendant or leaves out the right one.

Recalls Can Help, but You Do Not Need One

A recall can be useful evidence that a company knew about a problem. But a product does not have to be recalled for you to have a case, and the absence of a recall does not defeat a claim. You can search the public recall databases kept by NHTSA (for vehicles, tires, and car seats) and the CPSC (for most consumer products). If you find a recall that matches your product, save a copy and bring it to our first conversation.

What to Do With the Product After You Are Hurt

This is the part that matters most right now. In a product case, the product itself is usually the most important piece of evidence, and it is easy to lose.

• Do not throw it away, repair it, or send it back to the company. A “free replacement” offer can cost you the evidence your case depends on.
• Do not let the manufacturer or an insurer inspect it alone. Any inspection or testing should happen with your own counsel and expert present.
• Store it somewhere safe and dry, and leave it in the condition it was in after the incident. Do not try to take it apart.
• Keep the packaging, receipt, manual, warning labels, and any charger or accessories that came with it.
• Take photos and video of the product, the scene, and your injuries. Write down the model and serial numbers.
• Get names and phone numbers of anyone who saw what happened.
• Get medical care and keep your records and bills.

If the product is in someone else’s hands, such as a tow yard, employer, or repair shop, tell me right away. There are steps I can take to ask that it be preserved. If a worker was hurt on a job site, see my Austin construction accident lawyer page.

Manufacturers Will Blame the User

A common defense is that the product was misused, altered, or not maintained. Texas proportionate responsibility applies, so your recovery can be reduced by any share of fault assigned to you, and a large enough share can bar it. Do not accept the company’s story as fact. More detail: partly at fault in Texas.

Deadlines Still Apply

Product cases have filing deadlines like any other injury case, and a company’s internal review or a warranty process does not stop the clock. For the general filing deadline, read Texas personal injury statute of limitations. Texas also has a 15-year statute of repose for product cases, counted from the date the defendant sold the product. Even if you are hurt and file within the regular deadline, a claim is usually barred if the product was sold more than 15 years earlier, unless an exception applies, such as a written warranty that runs longer than 15 years or certain toxic exposure claims. Older products deserve a quick call. If a claim has already been refused, see can insurance deny my claim in Texas.

Why Product Cases Need a Trial Lawyer

Product cases are heavy on engineering and experts, and manufacturers fight them hard. They tend to go further toward trial than a typical car wreck claim. A firm that only knows how to settle is at a disadvantage against a company that has defended these cases many times.

I am Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a certification I have held since 2017. You work with me directly from River Place in Austin, and I represent people injured by defective products throughout Texas. Most cases settle, but companies pay fair value when they believe the case will be tried. Free consultation. No fee unless we recover for you. Call (512) 872-2264.

Texas Product Liability FAQ

Do I have to prove the manufacturer was negligent?

Not always. In many Texas product cases, the question is whether the product was defective and whether the defect caused your injury, not whether the company was careless. Negligence can still be an additional claim when the facts support it.

What’s the difference between a manufacturing defect and a design defect?

A manufacturing defect is a flaw in the unit that hurt you. A design defect is a problem with the whole product line as designed. They call for different proof and often different experts, which is why I pin down the theory early.

Can I sue the store that sold me the product?

Sometimes. Texas limits claims against sellers who did not make the product, but there are exceptions, and a seller can matter to the case in other ways. I look at every company that handled the product before deciding who to name.

Does the product have to be recalled for me to have a case?

No. A recall can help, but many defective products are never recalled. Check the NHTSA and CPSC databases, and call me whether or not you find a match.

Is there a time limit on product liability claims in Texas?

Yes, two. Most Texas injury claims, including product cases, generally must be filed within two years. Texas also has a 15-year statute of repose, counted from the date the defendant sold the product. Even if you are hurt and file within the two-year window, your claim is typically barred if the product was sold more than 15 years earlier, unless an exception applies, such as an extended written warranty or certain toxic exposure claims.

What should I do with the product after I’m hurt?

Keep it, and keep it as it is. Do not repair it, throw it away, or return it to the company, and do not let anyone inspect it without your lawyer. Save the packaging, receipt, and manual, and take photos.