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
Related Practice Areas
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