The Basics of Product Liability Cases in Texas
We buy countless products every year, from kitchen appliances and children’s toys to prescription medications and power tools, with the reasonable expectation that they’re safe. But when a design flaw or manufacturing error turns a daily necessity into a hazard, the consequences can be devastating. Consumers have specific rights when they’re injured by dangerous products. However, Texas law places strict requirements on plaintiffs regarding who they can sue and what they must prove. If you or a loved one has been hurt, understanding product liability cases in Texas is the first step toward recovery.
What Is Product Liability in Texas?
Product liability is the area of law that holds parties responsible for injuries caused by defective consumer goods. Unlike a typical car accident case, where you must prove the other driver was negligent, product liability cases often rely on strict liability. This means a manufacturer can be held responsible for a dangerous product even if they didn’t intend to cause harm.
In Texas, a product is generally considered defective if it’s unreasonably dangerous to the consumer. These defects fall into three specific categories:
- Design Defects – A design defect occurs when the product’s blueprint is inherently unsafe. Even if the product was made perfectly according to the manufacturer’s specifications, the design itself creates a hazard. To prove a design defect, you must prove that a safer alternative design existed that was economically and technologically feasible at the time the product was made.
- Manufacturing Defects – A manufacturing defect occurs during the product’s construction or assembly. In these cases, the product’s design is safe, but an error on the assembly line renders the item you purchased dangerous. For example, a batch of tires might leave the factory with weak tread separation, or a bicycle could be sold missing a critical brake screw.
- Marketing Defects – Manufacturers have a duty to warn consumers about non-obvious dangers associated with using their product. If a product lacks proper instructions or warning labels regarding known risks, the manufacturer can be held liable.
Who Can Be Held Responsible?
One of the most common misconceptions in product liability cases is that you can simply sue the store where you bought the item. In Texas, that’s rarely the case. Texas law includes provisions that broadly protect non-manufacturing sellers from liability. A seller that didn’t manufacture the product is usually not liable unless:
- The seller altered or modified the product, and that alteration caused the injury.
- The seller participated in the design of the product.
- The seller made specific factual representations about the product that turned out to be false.
- The manufacturer is insolvent (bankrupt) or not subject to the court’s jurisdiction.
Important Timelines: The Statute of Limitations
If you’re considering legal action, you don’t have unlimited time. Texas enforces strict deadlines known as statutes of limitations and statutes of repose. These include:
- Two-Year Statute of Limitations – Generally, you must file a personal injury lawsuit within two years from the date the injury occurred. If you miss this window, the court will likely dismiss your case.
- 15-Year Statute of Repose – Texas also has a hard deadline based on the age of the product. You generally can’t file a product liability suit if the product was sold more than 15 years ago. This protects manufacturers from being sued for old products that have naturally degraded over time.
Shared Fault: The 51% Rule
Defense attorneys for large manufacturers often try to shift the blame to the consumer. They may argue that you were misusing the product or that your own negligence contributed to the accident. Texas follows the proportionate responsibility model:
- Less Than 50% At Fault – Your percentage of fault will reduce your compensation. For example, if you’re awarded $100,000 but found 20% at fault, you would receive $80,000.
- More Than 50% At Fault – You’re barred from recovering any damages at all.
Immediate Steps to Take After an Injury
Building a strong product liability case begins immediately after the accident. If you’re injured by a defective product in Texas, take the following steps to protect your claim:
- Seek Medical Attention – Your health is the priority. Go to the emergency room or see a doctor as soon as possible. This ensures that your injuries are treated and creates a medical record that links the injury to the incident.
- Preserve the Product – The product itself is the most important piece of evidence. Don’t attempt to fix it, return it to the store, or throw it in the trash. Secure the product in a safe place exactly as it is. If the manufacturer or retailer asks for the product back for testing, consult an attorney before giving it to them.
- Gather Documentation – Collect all relevant documents related to the product, including receipts or proof of purchase, user manuals, packaging, warranty documents, and photos of the scene and your injuries.
- Consult a Product Liability Attorney – These cases are legally complex and require expert testimony to prove the existence of defects and safer alternative designs. An experienced Texas defective product lawyer can navigate the statutory hurdles and ensure your rights are protected. Don’t hesitate to seek advice from a skilled Houston injury attorney who understands the specifics of these claims.
Don’t Let a Defective Product Define Your Future.
Navigating a product liability claim in Texas requires a deep understanding of statutory details, from the “innocent seller” protections to the statute of repose. However, the law exists to protect consumers from dangerous negligence. By preserving the evidence and acting quickly, you can hold negligent manufacturers accountable and help ensure unsafe products are removed from the market. Contact Nava Law Group today to speak with one of our product liability attorneys and let us provide the aggressive representation you need to secure the justice and financial recovery you deserve.
