Common Questions / Product Liability
Do I have a case if a defective product injured me?
Possibly, and unlike most injury claims, you may not have to prove anyone was careless. Texas strict product liability holds manufacturers responsible for products that were defective and unreasonably dangerous, in how they were made, designed, or warned about, if the defect caused your injury.
Three ways a product is defective
Texas law recognizes three defect theories, and they fail differently. A manufacturing defect means this unit left the line different from its own specifications, the weld that missed, the contaminated batch, and the flaw made it unreasonably dangerous. A design defect means the product was built exactly as intended and the intention was the problem; under Texas law, the claimant must prove a safer alternative design existed that was economically and technologically feasible and would have prevented or reduced the injury without gutting the product's utility. A marketing defect means the danger was real but the warnings and instructions were not, a hazard the maker knew or should have known and failed to adequately warn against. Serious cases often plead more than one.
Who in the chain answers for it
Strict liability reaches the chain of distribution, but Texas shields innocent retailers: under Texas law, a nonmanufacturing seller is generally not liable unless an exception applies, it altered the product, made its own representations, knew of the defect, or the manufacturer is insolvent or beyond the court's reach. In practice the fight centers on the manufacturer and component makers, frequently large, well-defended companies, and sometimes on the foreign-manufacturer problem that makes the seller exceptions matter. Texas also imposes a fifteen-year statute of repose on most product claims, measured from the date of sale, on top of the ordinary two-year limitations period.
The product is the case. Do not lose it.
Nothing in a product case matters more than the product, in its post-incident condition, with its chain of custody intact. The recurring tragedies are ordinary: the insurer totals and scraps the vehicle with the defective component still bolted to it, the family throws away the failed device, the manufacturer offers a refund and asks for the unit back. Keep the product, its packaging, manuals, receipts, and the scene photographs, and let no one, especially the maker, take possession without a documented protocol. A recall notice, incidentally, neither proves nor creates your claim by itself, but it is powerful evidence of what the manufacturer knew and when.
What these cases demand
Product cases are engineering cases: experts test, exemplar units get purchased, design files and prior-incident databases get discovered, and the defendant funds a serious defense. That investment is why screening is honest and early preservation is everything. Silver Key Law evaluates the product, the injury, and the economics together, without charge, and tells you plainly which kind of case you are holding.
Injured in Arizona? Some rules on this page are Texas-specific. Arizona differs on points that change outcomes, including pure comparative fault and government-claim deadlines. See our Arizona answers or call (888) 508-6967.
Related: Product Liability · What Is My Case Worth? · Submit Your Case · All Common Questions
This page is general information about Texas law, not legal advice about your specific situation. Deadlines and outcomes depend on facts; talk to a lawyer about yours.
Free Consultation
Injured in a crash? Tell us what happened.
Call now or send us a short description of the collision. We will listen, explain your options under the law, and give you a straight answer about whether we can help.
Submit Your Case