Law Office of Sovmya George, PLLC | Personal Injury & Immigration | Serving the Dallas–Fort Worth Metroplex and clients statewide in Texas | Licensed in Texas and Massachusetts | Reviewed August 2026
| QUICK ANSWER If a defective product injured you in Texas, three things matter most. Keep the product — do not repair or discard it, because it is the key evidence. You generally have two years to file, with a 15-year outer limit measured from the date the product was sold. And you do not have to prove the manufacturer was careless, only that the product was defective and caused your injury during normal use. |
The Three Types of Product Defects
Nearly every Texas product liability claim rests on one of three defect theories, and each carries a different burden of proof.
| Type of defect | What it means | What you must show |
| Design defect | Unsafe as designed, so every unit built to that design carries the same danger. | A safer alternative design existed and the defect was a producing cause (CPRC § 82.005) |
| Manufacturing defect | The design is sound, but the product was built wrong, so only some units are dangerous. | The product departed from its intended design and was defective when it left the maker |
| Marketing or warning defect | Inadequate warnings or instructions about a known risk that is not obvious to users. | The missing or inadequate warning made the product unreasonably dangerous |
CPRC = Texas Civil Practice & Remedies Code. General summary only, not legal advice for any specific case.
Do You Have to Prove the Manufacturer Was Careless?
No. Texas product claims can proceed under strict liability, which looks at the condition of the product rather than the conduct of the company. You do not have to show the manufacturer was negligent or knew about the danger. You do still have to prove four things:
- The product contained a legally recognized defect — design, manufacturing, or warning.
- The defect existed when the product left the manufacturer’s control, rather than arising later from wear, misuse, or modification.
- You were using the product as intended, or in a reasonably foreseeable way.
- The defect was a producing cause of your injuries.
Manufacturers and their insurers routinely contest all four.
Can You Sue the Store That Sold It?
Usually not, on its own. Under CPRC § 82.003, a seller that did not manufacture the product is generally not liable unless a statutory exception applies — for example, the seller altered the product, installed it improperly, knew of the defect, or the manufacturer cannot be brought before a Texas court. The manufacturer is usually the real defendant.
Does a Recall Mean the Manufacturer Is Automatically Liable?
No, and you do not need a recall to bring a claim. A CPSC, NHTSA, or FDA recall does not establish liability by itself, but it can be powerful evidence that the manufacturer knew about a safety problem.
What If the Product Met Federal Safety Standards?
This helps the manufacturer more than most people expect. Under CPRC § 82.008, a manufacturer that shows its formula, labeling, or design met mandatory federal safety standards governing the risk at issue gets a rebuttable presumption that it is not liable. You can overcome it by proving those standards were inadequate to protect the public, or that the manufacturer withheld or misrepresented information from the regulator — but it is a real obstacle, and one that needs expert help early.
How Long Do You Have to File?
Two years, under CPRC § 16.003. Texas also imposes a separate 15-year statute of repose under CPRC § 16.012, measured from the date the product was sold rather than the date you were hurt — so an injury caused by a twenty-year-old machine may be barred before it ever happens. Narrow exceptions apply. For more, see our guide on how long you have to file a lawsuit after an accident in Texas.
Do Not Throw Away the Product
The product itself is the single most important piece of evidence, and experts for both sides will need to examine it in the condition it was in when it caused the injury. Do not repair, alter, or discard it, and do not send it to the manufacturer for testing without legal advice. Keep the packaging, labels, manuals, receipts, and repair records, photograph everything, and get medical treatment promptly.
What Compensation Is Available?
Damages may include medical expenses, lost wages, diminished earning capacity, pain and suffering, and property damage. In limited cases Texas permits exemplary damages, where the claimant proves by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence. Those damages are capped by CPRC § 41.008.
Talk to a Texas Product Liability Attorney
| FREE CONSULTATION FOR PERSONAL INJURY CASES If you or a loved one has been injured by a defective product, keep the product and call before the deadline gets close. The Law Office of Sovmya George, PLLC represents injured people throughout the Dallas–Fort Worth Metroplex and across Texas, and is licensed in both Texas and Massachusetts. We can evaluate your claim, identify the manufacturer, preserve critical evidence, and handle the insurer for you. Call 972-905-0948 today for a FREE consultation about your personal injury case, or email admin@lawofficesg.com. |
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Product liability claims depend on the specific facts of each case, and the law can change. If you believe you may have a claim, consult a licensed Texas attorney about your individual situation as soon as possible.