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Product Liability · Austin TX

Product Liability Attorneys in Austin, Texas

A defective product can injure without warning. Texas product liability law covers three distinct theories — design defect, manufacturing defect, and failure to warn — each requiring different evidence and a different approach.

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When a product injures someone because of a defect, Texas law provides a path to recovery through product liability claims. These cases can arise from consumer products, vehicles, medical devices, tools, children's toys, or any manufactured good. The common thread is that the product was unreasonably dangerous — either in its design, in how it was made, or because the manufacturer failed to warn about known risks.

Texas recognizes three theories of product liability. A design defect claim argues that the entire product category is unreasonably dangerous — that a safer design was available and feasible. A manufacturing defect claim argues that the specific product that injured you deviated from its intended design. A failure-to-warn claim argues that the manufacturer knew of a risk and failed to adequately disclose it to users.

Product liability cases in Texas are governed by the Texas Products Liability Act (Texas Civil Practice and Remedies Code Chapter 82). The Act sets the framework for what's required to prove each theory and imposes certain limitations on seller liability for sellers who are not the manufacturer.

These cases typically require expert witnesses — engineers who can speak to the design, industry safety standards, and whether the specific defect caused the injury. The complexity and cost of these cases means selecting the right attorney, one with product liability litigation experience specifically, is more important than in most personal injury contexts.

What You Need to Know

Key Facts About This Case Type

Three distinct theories of liability

Design defect: the product category is inherently dangerous. Manufacturing defect: your specific unit deviated from design. Failure to warn: known risk not adequately disclosed.

Texas Products Liability Act

Texas Civil Practice and Remedies Code Chapter 82 governs these claims. Seller liability is limited in certain circumstances where the manufacturer is identifiable and subject to jurisdiction.

Expert witnesses are typically required

Engineers, safety experts, and industry specialists are usually needed to prove that the product was defective and that the defect caused the injury. This affects case economics.

Preserve the product

If you still have the product that injured you, do not dispose of it, repair it, or alter it. It is the primary evidence in your case. Photograph all damage and any warnings or labels.

Common Questions

Frequently Asked Questions

Having the product is ideal — it's your primary evidence. If you no longer have it, an attorney can sometimes work around that through other evidence, but it significantly complicates the case. If you still have it, do not alter, repair, or throw it away.
It depends. If the non-standard use was foreseeable — meaning a reasonable manufacturer should have anticipated it — you may still have a claim. If your use was extreme and unforeseeable, it may be a defense. An attorney can evaluate the specific facts.
Potentially. Bankruptcy proceedings may have a claims process for product liability claimants. Additionally, if the company was acquired, the acquiring company may have assumed liabilities. These situations are complex — contact an attorney.
Generally two years from the date of injury. However, Texas also has a 15-year statute of repose for most product liability claims — meaning you cannot sue for a product defect more than 15 years after it was sold, regardless of when the injury occurred, with some exceptions.

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