FAQ Product Liability

Texas product liability cases generally fall into three categories:

• Design defects: The product’s design itself may create an unreasonable risk of harm, even if manufactured correctly.
• Manufacturing defects: An error or flaw occurs during production or assembly, making a specific unit unsafe.
• Marketing or warning defects: The product may lack adequate instructions, safety warnings, or information about non-obvious risks.

Each type requires a different form of analysis to determine how and why the product failed.

Not necessarily. Many product liability cases in Texas are based on strict liability principles. This means the focus is often on whether the product was defective and whether that defect caused injury, rather than whether the manufacturer acted carelessly or intentionally. The specific legal standard depends on the facts of the case and the type of claim being asserted.

If possible, the product should be preserved in its post-incident condition. It should not be repaired, altered, or discarded, as it may serve as important evidence. Any packaging, instructions, receipts, or related materials should also be kept. Proper preservation can help ensure the product can be evaluated for defects and potential causes of failure.

In Texas, product liability claims are generally subject to a two-year statute of limitations from the date of injury. There is also a separate legal time limit known as the statute of repose, which may bar claims after a certain number of years from the date a product was first sold. Because these rules can vary based on the circumstances, it is important to evaluate potential claims as early as possible.

Yes. If a defective product causes injury in a workplace setting, you may still have a potential claim against the manufacturer or another third party. These claims may exist alongside workers’ compensation benefits, depending on the situation. Each case must be reviewed to determine which parties may be responsible and what recovery options are available.

In some cases, liability may extend beyond the manufacturer to include retailers or distributors. Texas law generally provides certain protections to non-manufacturing sellers, but exceptions may apply depending on their involvement in the sale, distribution, or representation of the product. Determining liability often requires a careful review of each party’s role in the supply chain.

Depending on the circumstances, compensation may include medical expenses, future medical care, lost wages, loss of future earning capacity, pain and suffering, emotional distress, and physical impairment or disfigurement. The value of a claim depends on the severity of the injuries and the long-term impact on the individual’s life.

Manufacturers and corporate defendants may raise several defenses in product liability cases. These can include arguments that the product was misused, altered after purchase, or used in a way not intended or reasonably foreseeable. They may also dispute whether a defect existed or whether a safer alternative design was feasible at the time the product was made.