Texas Product Liability Lawyer

Defective Product Injury Attorneys Serving Houston, Dallas, Austin, San Antonio, and All of Texas

You used a product the way it was meant to be used — and it hurt you. A vehicle safety system failed. A prescription drug caused harm the manufacturer didn’t warn about. A medical device implanted to help you ended up making things worse. Texas law gives consumers powerful rights against manufacturers, distributors, and sellers who put dangerous products into the marketplace. Under Texas Civil Practice & Remedies Code Chapter 82, you can hold those responsible accountable for design defects, manufacturing defects, and inadequate warnings. We’ve recovered millions for Texas families injured by dangerous products, and we know how to build the kind of cases that force manufacturers to settle fairly — or face accountability at trial.

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• Top 100 Super Lawyers Houston (Thomson Reuters, 2020–2025)
• Multi-Million Dollar Advocates Forum (Lifetime Member)
• AV Preeminent Rated (Martindale-Hubbell)
• Statewide Texas representation — offices in Houston, Dallas, Austin, Lakeway, San Antonio, Sugar Land, The Woodlands, and Katy

What’s Already Working Against You After a Defective Product Injury

Product liability cases sound straightforward — the product hurt you, the manufacturer should pay. The reality is more complex. By the time you’re searching for answers, the manufacturer has resources you don’t:

• The manufacturer has a national defense team that has handled hundreds of similar claims and knows exactly how to limit liability.
• The product itself may be missing. Hospitals dispose of defective medical devices. Body shops scrap crashed vehicles. Pharmacies don’t keep returned medications. Once the product is gone, proving the defect becomes much harder.
• Records of recalls, warnings, and prior incidents are scattered across the manufacturer’s files, FDA databases, NHTSA records, and consumer complaint logs. Building the pattern requires deep regulatory investigation.
• Seller and distributor defendants may try to hide behind the manufacturer. Texas law (§ 82.003) generally protects non-manufacturing sellers — but with critical exceptions worth pursuing in the right cases.
• The 15-year statute of repose under Texas Civil Practice & Remedies Code § 16.012 caps every product liability case from the date the product was first sold — even if the injury happened later.
• The two-year statute of limitations on the underlying personal injury claim is also running.

Product cases require fast action — to preserve the product, build the regulatory record, and identify every potentially liable party before evidence disappears.

What Counts as a Product Liability Claim Under Texas Law

Texas Civil Practice & Remedies Code Chapter 82 governs product liability cases statewide. Texas allows recovery under three theories — and your case may qualify under more than one.

Design Defect (§ 82.005)

The product is inherently dangerous because of how it was designed — meaning even a flawlessly manufactured copy of the product is unsafe. Examples: an SUV with a high rollover risk, an airbag system that ruptures during deployment, a medication with side effects that outweigh benefits. To prove a design defect under Texas law, you must show:

• A safer alternative design existed that would have prevented or significantly reduced the risk of injury without substantially impairing the product’s utility
• The safer alternative was economically and technologically feasible when the product left the manufacturer’s control
• The defect was a producing cause of the injury

The “safer alternative design” element is one of the most heavily litigated requirements in Texas product law. Engineering experts, design reviews, and industry standards are critical to meeting it.

Manufacturing Defect

The product was designed safely, but something went wrong during production — making this individual unit defective. Examples: a contaminated batch of medication, a cracked medical implant that should have been screened out, a missing component in a brake assembly. Manufacturing defect claims often involve quality control failures and can be proven through metallurgical analysis, batch testing, and FDA recall records.

Marketing Defect / Failure to Warn

The product is dangerous in ways the manufacturer knew or should have known about — and failed to warn consumers. Examples: a prescription drug with hidden side effects, a power tool without adequate safety warnings, a medical device with inadequate physician guidance. Failure to warn cases are particularly common in pharmaceutical litigation.

Who Can Be Held Liable in Texas Product Cases

• Manufacturers — designers, formulators, fabricators, assemblers, and producers are the primary defendants under § 82.001
• Component part manufacturers — when a defective subcomponent caused the injury
• Distributors and wholesalers — under specific exceptions to § 82.003
• Sellers — when the seller modified the product, failed to warn of known dangers, or acted independently negligently
• Importers — when foreign manufacturers can’t be held jurisdictionally accountable
• Drug and medical device manufacturers (with specialized federal preemption analysis under § 82.007)

Common Texas Product Liability Cases We Handle

Some product categories produce more litigation than others. These are the case types where we focus our practice — high-stakes, high-injury, high-recovery cases against well-resourced manufacturers.

Defective Vehicles and Auto Safety Systems

Modern vehicles contain hundreds of safety systems, any of which can fail catastrophically. We handle product liability claims involving:

• Airbag failures and Takata-related defects — including ruptures, non-deployment, and inadvertent deployment
• Seatbelt failures — false latching, restraint system collapse, and webbing failures
• Brake failures and ABS defects
• Tire failures — tread separations, blowouts, and aged-tire failures
• Rollover propensity defects — particularly in SUVs and pickups
• Roof crush and door latch failures
• Fuel system defects — post-crash fires from compromised tanks
• Electrical and battery system fires — including emerging EV battery defect cases
• Advanced Driver Assistance System (ADAS) failures — automatic emergency braking, lane keeping, and adaptive cruise control malfunctions
• Vehicle recall failures — when a manufacturer’s recall response was inadequate or delayed

Defective vehicle cases often overlap with car accident, truck accident, and motorcycle accident claims — meaning multiple recovery sources may apply.

Pharmaceutical Injuries

Dangerous prescription and over-the-counter medications cause some of the highest-volume product liability cases in the country. We handle claims involving undisclosed side effects, contamination, off-label marketing, and known-but-suppressed risks. Pharmaceutical cases often involve federal preemption analysis under § 82.007, FDA labeling requirements, and complex causation evidence. Learn more about pharmaceutical injury claims →

Defective Medical Devices

Patients trust medical devices to improve their lives — and when those devices fail, the consequences are often catastrophic. Common defective medical device cases include hip and knee implants, surgical mesh, pacemakers and defibrillators, IVC filters, hernia mesh, and CPAP machines. These cases often involve FDA recall data, MAUDE (Manufacturer and User Facility Device Experience) reports, and specialized regulatory analysis. Learn more about defective medical device claims →

Other Product Liability Categories We Handle

Beyond the three primary categories above, we evaluate cases involving:

• Industrial equipment and power tools with defective safety guards or design flaws
• Defective machinery in workplace settings (often pursued in parallel with work injury claims)
• Defective household appliances causing fires, burns, or electrical injuries
• Children’s products with safety hazards
• Contaminated food and dietary supplements
• Defective construction materials
• Asbestos and toxic exposure products

Why Texas Product Liability Cases Require a Specialized Attorney

Product cases are different from ordinary personal injury cases. The defendants are sophisticated, the regulatory records are complex, and the legal framework has specific Texas-only rules that determine recovery.

Texas Civil Practice & Remedies Code Chapter 82

Chapter 82 is the statutory framework for every Texas product liability case. Sections that frequently determine outcomes:

• § 82.003 — Liability of Nonmanufacturing Sellers. Generally protects retailers and distributors from product liability claims unless specific exceptions apply (seller modified the product, knew of defects, made independent representations, etc.). Knowing when § 82.003 applies — and when it doesn’t — determines who you can sue.
• § 82.005 — Design Defects. Requires proof of a safer alternative design that was economically and technologically feasible. This is the most heavily litigated provision in Texas product law.
• § 82.007 — Medicines. Creates a rebuttable presumption that pharmaceutical manufacturers are not liable for failure to warn when the warning was approved by the FDA — a critical preemption issue in drug cases.
• § 82.008 — Compliance with Government Standards. Creates a rebuttable presumption that products complying with mandatory federal standards are not defective. The presumption is rebuttable, but it shifts the burden of proof.

The 15-Year Statute of Repose

Texas Civil Practice & Remedies Code § 16.012 imposes a 15-year statute of repose on product liability claims. The clock starts the date the product was first sold — not the date of injury. Even if you were injured by a 20-year-old product yesterday, the statute of repose may bar your claim. There are limited exceptions (express warranties extending the period, latent disease cases), but the 15-year cap is a hard limit in most cases.

The Two-Year Statute of Limitations (§ 16.003)

The underlying personal injury statute of limitations also applies — two years from the date of injury (or, in some latent injury cases, from the date the injury was discovered or should have been discovered). Both clocks run independently. Acting quickly preserves both potential pathways.

Federal Preemption

Many product liability cases involve federal preemption arguments — the position that federal regulatory approval (FDA, NHTSA, CPSC) preempts state-law claims. The preemption doctrine varies by product type, regulatory pathway, and the specific defect alleged. Pre-market approval (PMA) medical devices have stronger preemption defenses than 510(k)-cleared devices. Brand-name pharmaceuticals have different preemption rules than generics. Sorting these issues is core to building winnable product cases.

The Texas Stowers Doctrine

The Stowers Doctrine — from the 1929 Texas Supreme Court case G.A. Stowers Furniture Co. v. American Indemnity Co. — gives Texas plaintiffs a powerful tool. When the manufacturer’s insurer unreasonably refuses to settle a clear-liability claim within policy limits, the insurer can be held liable for the entire judgment at trial — even amounts above the policy. Strategic Stowers demands are particularly effective in serious product cases where damages clearly exceed available limits.

Multi-District Litigation (MDL) Strategy

Many large-scale product cases — defective vehicles, pharmaceuticals, medical devices — are consolidated in federal MDL proceedings. Knowing when to participate in an MDL versus pursuing an individual case in Texas state court is a strategic decision that affects both case value and timeline. We evaluate MDL strategy as part of every product case.

How Manufacturers Defeat Valid Product Liability Claims

Product manufacturers have spent decades perfecting defense playbooks. Recognizing the tactics is half the defense.

Defense Tactics That Cost Plaintiffs Their Cases

• The “you misused the product” defense. Manufacturers argue the consumer used the product in an unintended way — even when the alleged misuse was reasonably foreseeable. This is one of the most common product defenses and is often defeated by industry-standard evidence.
• The “no safer alternative design” attack. Defendants challenge whether a feasible alternative existed at the time. This is where engineering experts and patent records become critical.
• Federal preemption motions. Manufacturers move to dismiss based on FDA, NHTSA, or CPSC preemption — especially in medical device and pharmaceutical cases.
• The compliance with government standards presumption (§ 82.008). Manufacturers cite regulatory compliance as evidence the product wasn’t defective. The presumption is rebuttable, but rebutting it requires technical evidence.
• Statute of repose dismissals. Defendants move to dismiss based on the 15-year cap, often with documentation of the original sale date.
• Spoliation arguments. When the product is missing or altered, defendants argue the plaintiff cannot prove the defect — sometimes leading to case-ending sanctions.
• Causation challenges. Manufacturers argue your injury was caused by something other than their product — your medical history, alternative product exposures, or independent causes.
• Daubert challenges to expert witnesses. Texas product cases live and die on expert testimony. Defendants aggressively challenge plaintiffs’ experts on methodology grounds, attempting to exclude critical evidence before trial.

Mistakes That Sink Otherwise Strong Product Cases

• Not preserving the product. The single biggest mistake in product cases. The defective product is the most important evidence in any case — and it’s often discarded, repaired, or scrapped before plaintiffs hire counsel.
• Failing to document the injury and the product’s condition immediately
• Talking to the manufacturer’s representatives or insurance investigators without an attorney
• Signing releases or “goodwill” settlement offers without understanding their scope
• Disposing of related materials (packaging, instructions, warning labels)
• Posting on social media about the injury or unrelated activities
• Waiting too long to act, allowing the statute of repose or limitations to run
• Hiring a generalist personal injury attorney unfamiliar with product-specific defenses and federal preemption

How Our Texas Product Liability Attorneys Build Your Case

A serious product liability case is built — not filed. Here’s what we do, often within days of being retained.

• Immediate product preservation. The first step in every case. We secure the defective product, packaging, instructions, and any related materials before they’re discarded, repaired, or altered. Spoliation can end a case before it starts.
• Regulatory record investigation. We pull recall records (NHTSA, FDA, CPSC), MAUDE reports, consumer complaints, OSHA citations, and any prior litigation involving the same product or similar defects. Patterns establish manufacturer knowledge.
• Engineering and design analysis. We engage qualified engineers, materials scientists, and design experts to evaluate the defect and identify the safer alternative design required under § 82.005.
• Medical causation workup. Establishing that the defect caused your specific injury requires medical experts familiar with both the product type and the injury mechanism.
• Defendant identification. Manufacturer, component manufacturer, distributor, importer, retailer — we map every potentially liable party in the chain of distribution before filing suit.
• Federal preemption analysis. Particularly critical in medical device and pharmaceutical cases, we evaluate whether federal preemption defenses apply and structure the case to survive preemption motions.
• MDL strategy assessment. When the product is the subject of an existing or emerging MDL, we evaluate whether participating in the MDL or pursuing an individual Texas case best serves the client.
• Damages workup with life-care planners. Catastrophic injury cases require projections of lifetime medical costs, lost earning capacity, and ongoing care needs.
• Strategic Stowers demands. When liability is clear and damages exceed policy limits, we send Stowers demand letters that force manufacturers’ insurers to settle within limits or face exposure for the full judgment.
• Trial-ready preparation. Manufacturers settle when they believe a plaintiff’s firm can — and will — try the case. We build every product case as if it’s going to a jury.

What Is My Texas Product Liability Case Worth?

Product liability cases tend to be worth more than ordinary injury cases for two reasons: injuries are usually severe, and manufacturer defendants typically carry substantial insurance and assets. That said, value depends on the severity of the injury, the strength of the evidence, regulatory and recall records, and the long-term cost of care.

Common Injuries in Texas Product Liability Cases

• Traumatic brain injuries (TBI) from defective safety systems or vehicle failures
• Spinal cord injuries from restraint failures or roof crush
• Severe burns from fires, explosions, or chemical exposure
• Internal organ damage from defective medical devices or drugs
• Amputations from defective machinery and power tools
• Cancer and serious illness from pharmaceutical defects or toxic exposure
• Cardiac complications from defective medical devices
• Permanent nerve damage
• Disfigurement and scarring
• Catastrophic injuries requiring lifetime care
• Fatal injuries (wrongful death claims)

Recoverable Compensation in Texas Product Liability Cases

Economic Damages (No Cap)

• Past and future medical expenses
• Past and future lost wages
• Loss of earning capacity
• Rehabilitation, therapy, and assistive equipment
• Custodial and long-term care costs
• Home modifications
• Replacement of the defective product and related property damage

Non-Economic Damages

• Physical pain and suffering
• Mental anguish and emotional distress
• Disfigurement and physical impairment
• Loss of enjoyment of life
• Loss of consortium

Punitive (Exemplary) Damages

Frequently available in product cases involving gross negligence — manufacturers who knew about defects but concealed them, ignored recall obligations, or willfully violated safety standards. Subject to caps under Texas Civil Practice & Remedies Code § 41.008.

What People Worry About Before Calling a Product Liability Lawyer

“I don’t have the product anymore — do I still have a case?”

Possibly. Missing product evidence is a serious obstacle, but not always fatal. Photos, repair records, medical records describing the product, regulatory records of the same defect in similar units, and testimony from witnesses who saw the product can all help establish the defect. Call us — we can evaluate what’s possible.

“The product was recalled. Does that help my case?”

Often yes. Recalls are strong evidence that the manufacturer knew or should have known about the defect. Recall records, the timing of the recall, and the manufacturer’s response are all important pieces of evidence. We pull every relevant recall and complaint record as part of our investigation.

“How long do I have to file a Texas product liability claim?”

Two clocks run simultaneously: the two-year statute of limitations on the personal injury claim (Texas Civil Practice & Remedies Code § 16.003), and the 15-year statute of repose on product cases (§ 16.012). Whichever expires first ends the case. Acting quickly preserves both pathways.

“What if the manufacturer is in another state — or another country?”

Texas courts can typically exercise jurisdiction over out-of-state manufacturers who sell products in Texas. Foreign manufacturers (especially from China and other Asian markets) are often more difficult to pursue, but distributors, importers, and U.S.-based corporate parents may all be reachable. We evaluate jurisdictional issues as part of the initial case assessment.

“I can’t afford a lawyer.”

You don’t pay anything unless we win. Product liability cases are handled on a contingency fee basis — no upfront cost, no hourly billing, no out-of-pocket expense for case investigation, expert witnesses, or filing fees. If we don’t recover, you owe us nothing.

“What if the product was several years old when it injured me?”

Age matters because of Texas’s 15-year statute of repose. If the product was first sold to a consumer more than 15 years before your injury, your claim is generally barred. There are limited exceptions (express warranties, latent disease cases), but the 15-year cap applies in most cases. Don’t wait to find out — call us for a quick eligibility review.

“How long will my case take?”

Most Texas product liability cases resolve in 18 to 36 months. Catastrophic injury and MDL-related cases often take longer because damages projections require extended medical treatment and life-care planning. We give you a realistic timeline at the consultation.

“Do you only handle cases in Houston?”

No. We represent injured Texans statewide, with offices in Houston, Dallas, Austin, San Antonio, Lakeway, Sugar Land, The Woodlands, and Katy.

Frequently Asked Questions

What is a product liability claim under Texas law?

A Texas product liability claim is a lawsuit against a manufacturer or seller for damages caused by a defective product, governed by Texas Civil Practice & Remedies Code Chapter 82. Claims can be based on strict liability, negligence, breach of warranty, or misrepresentation. Texas recognizes three types of product defects: design defects (the product is inherently unsafe as designed), manufacturing defects (something went wrong during production), and marketing defects (failure to warn about known dangers).

What is a “safer alternative design” under Texas law?

Under Texas Civil Practice & Remedies Code § 82.005, a plaintiff alleging a design defect must prove that a safer alternative design existed — meaning a different product design that would have prevented or significantly reduced the risk of injury without substantially impairing the product’s utility, and that was economically and technologically feasible at the time the product left the manufacturer’s control. This is one of the most heavily litigated requirements in Texas product law.

How long do I have to file a Texas product liability lawsuit?

Two deadlines apply. Texas’s two-year statute of limitations under § 16.003 runs from the date of injury (or, in latent injury cases, from the date the injury was or should have been discovered). Texas’s 15-year statute of repose under § 16.012 runs from the date the product was first sold — even if the injury happened later. Whichever deadline expires first ends the case.

Can I sue the retailer or just the manufacturer?

Generally the manufacturer. Under Texas Civil Practice & Remedies Code § 82.003, non-manufacturing sellers (retailers, distributors) are generally not liable in product liability cases unless specific exceptions apply — such as the seller modifying the product, the seller having actual knowledge of the defect, or the seller making independent misrepresentations. Identifying which defendants the case can reach is part of the initial investigation.

What does “strict liability” mean in a product case?

Strict liability means the plaintiff doesn’t have to prove the manufacturer was negligent — just that the product was defective and the defect caused the injury. This is one of the most powerful aspects of Texas product law. Compared to ordinary personal injury cases where negligence has to be proven, strict liability shifts the analysis to the product itself.

What if the product complied with federal regulations?

Under Texas Civil Practice & Remedies Code § 82.008, a product complying with mandatory federal safety standards is presumed not to be defective. The presumption is rebuttable, but it shifts the burden of proof to the plaintiff. Federal preemption may also apply in medical device and pharmaceutical cases — particularly for products approved through the FDA’s pre-market approval (PMA) pathway.

What is the difference between a defective product case and an ordinary injury case?

Product cases involve specialized statutory frameworks (Texas Chapter 82 plus federal regulatory regimes), manufacturer defendants with national defense teams, complex regulatory records, and unique procedural rules including the 15-year statute of repose. The legal standards (strict liability, safer alternative design, federal preemption) are also fundamentally different. Generalist personal injury attorneys often miss the strategic decisions that determine case value.

What is a Stowers demand and why does it matter in product cases?

A Stowers demand is a formal settlement offer made within the manufacturer’s insurance policy limits. Under Texas’s Stowers Doctrine, if the insurer unreasonably refuses a Stowers demand and the case results in a judgment exceeding policy limits, the insurer can be held liable for the entire amount — not just the policy limit. Stowers demands are particularly powerful in serious product cases where catastrophic injuries clearly exceed available coverage.

Can punitive damages be awarded in a Texas product liability case?

Yes, in cases of gross negligence — particularly when the manufacturer knew about a defect, concealed it from consumers, ignored recall obligations, or willfully violated safety standards. Punitive damages are subject to caps under Texas Civil Practice & Remedies Code § 41.008, but they can substantially increase recovery in egregious cases.

What if my loved one died from a defective product?

Surviving family members may pursue Texas wrongful death claims against the manufacturer, distributor, and any other liable parties for the full range of wrongful death damages — including loss of companionship, mental anguish, lost financial support, and loss of inheritance. Punitive damages may be available for grossly negligent conduct.

Don’t Let the Manufacturer’s Defense Team Decide Your Case

The manufacturer’s lawyers are already preparing their preemption motions, their Daubert challenges, and their statute of repose defense. Every day you wait, the product disappears, regulatory records age, and the deadlines run. The two-year statute of limitations and the 15-year statute of repose both keep moving.

We offer 100% free, confidential case reviews for product liability victims across Texas. We work on contingency, so you pay nothing unless we win.

CALL: 713-352-7975

Request Your Free Case Review →

We’ll listen to what happened. We’ll evaluate the product, the regulatory record, and the legal pathway — and tell you honestly whether you have a case. If you do, we’ll explain the strategy we’d use to fight for you, anywhere in Texas.

Past results do not guarantee a similar outcome. Each case is unique and depends on its own facts. The information on this page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.