Texas law allows injured consumers to hold manufacturers and sellers accountable for defective products under several legal theories, including strict liability, which means you don’t have to prove negligence, only that the product was defective and that the defect caused your injury.
The Dallas product liability attorneys at Crowe Arnold & Majors, LLP investigate every stage a product passes through, from design, manufacturing, and distribution, to identify every liable party. We leverage our considerable resources and draw on our trial experience handling complex defective product cases. That work applies equally whether the claim involves defective manufacturing or a hazard built into the product’s design from the start.
What Is Product Liability Under Texas Law?
When a defective product causes harm, Texas gives injured consumers a legal path to hold the responsible company accountable. Most of these claims fall under the Texas Products Liability Act, part of Chapter 82 of the Civil Practice and Remedies Code, which sets out the statutory framework for these cases, including who can be held responsible and what a claimant must prove.
Under Section 82.001, a product liability action can rest on four legal theories, alone or in combination:
- Strict liability, as noted above, does not require proof that you were negligent. You must establish only that the product was defective when it left the manufacturer’s control and that the defect caused the injury. Fault is irrelevant to this theory.
- Negligence requires proof that a manufacturer, distributor, or seller failed to exercise reasonable care, for example, by skipping safety testing, ignoring internal warnings, or failing to catch a defect before the product reached a shelf.
- Misrepresentation applies when a manufacturer or seller made a false statement about a product’s character or quality. This could include a safety claim on packaging or in advertising that you, the consumer, relied on, and that reliance led to the injury.
- Breach of warranty applies when a product fails to meet a promise the manufacturer or seller made about it, whether that promise was stated outright (an express warranty) or is implied by law, such as the assurance that a product is fit for its ordinary use.
Each theory imposes a different burden of proof, and a single case can rely on more than one at once. CAM Law identifies which theory or combination fits your case and builds your claim accordingly.
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Types of Defective Product Claims in Texas
The previous section explained the legal theories that can support a product liability claim. Separately, Texas law also classifies claims by the type of defect involved, and nearly every case falls into one of three categories:
The Three Types of Product Defects
- Design defect. The product was unsafe due to its design, so even a perfectly manufactured item poses a risk. Under Section 82.005, a claimant must prove that a safer alternative design existed, that it was economically and technologically feasible at the time the product was made, and that the defect caused the injury.
- Manufacturing defect. The design itself was sound, but something went wrong during production, so one item, or an entire batch, ended up different from what the design called for.
- Marketing defect (failure to warn). The product performed as designed, but the manufacturer or seller failed to warn consumers of a risk that wasn’t obvious on its own.
“Companies that sell products they know are unsafe don’t get a pass because of how the product reached consumers. We investigate every case fully and hold every responsible party accountable” – Crowe Arnold & Majors
Meet the Attorneys Who Stand With You
At Crowe Arnold & Majors, LLP, our attorneys bring decades of legal experience and a deep commitment to the people we serve. We understand that behind every case is a person—someone whose life has been disrupted by trauma, loss, or uncertainty. We don’t take that lightly. Our team is here to support you with the legal skill, empathy, and dedication you deserve. From board-certified expertise to high-stakes trial success, we’re proud to advocate for victims of serious injury and abuse with professionalism, compassion, and relentless determination.
John W. Arnold,
Partner, Trial and Appellate Attorney
With over 25 years of experience, John is a seasoned trial and appellate attorney known for delivering results.
David W. Crowe
Partner, Personal Injury
For more than 30 years, David has been a powerful advocate and fighting for individuals harmed by negligence and abuse.
D.G. Majors
Trial Attorney, Personal Injury and Product Liability
D.G. is a trial lawyer with a strong track record of results in personal injury, product liability, and commercial litigation.
Common Products at the Center of Defective Product Claims
Design, manufacturing, and marketing defects can turn up in virtually any consumer, medical, or industrial product, including:
- Auto product defects tied to airbags, brakes, seatbelts, and other components that fail during ordinary use
- Defective tire injuries linked to tread separation, blowouts, or weak spots traced back to how the tire was made
- Defective medical device claims involving implants, surgical tools, or devices that malfunction
- Recalled product injuries, where a manufacturer knew about a problem but the recall arrived late, or was never properly carried out
We also see claims tied to household appliances, children’s items, and industrial equipment. Whatever the product, the core question stays the same: Did a product defect cause your injury?
Manufacturers vs. Sellers: Two Different Liability Standards
Texas law treats manufacturers, component suppliers, distributors, and retailers differently. A component supplier, for example, is legally treated as a manufacturer, so it carries the same exposure to liability as the manufacturer of the finished product, with no special protection.
Distributors and retailers, by contrast, are treated as “sellers,” and an “innocent” seller is generally shielded from liability. However, Section 82.003(a) lists seven ways that this protection falls away:
- The seller took part in designing the product
- The seller altered or modified the product, and that change caused the harm
- The seller installed the product, or had it installed, in a way that caused the harm
- The seller controlled the content of a warning or instruction that turned out to be inadequate
- The seller made a factual claim about the product that was false, and the buyer relied on it
- The seller actually knew of the defect at the time of sale, and the defect caused the harm
- The manufacturer is insolvent or isn’t subject to a Texas court’s jurisdiction
Determining who is liable often means analyzing the supply chain paperwork, testing records, and internal emails that most consumers never get to see. We know how to get access to that kind of documentation and use it to identify every party who should be held accountable for your injury.
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How Long Do You Have to File a Product Liability Claim in Texas?
Two separate deadlines apply, and missing either one can bar a claim regardless of how strong the underlying case is. The standard deadline is a two-year statute of limitations under Section 16.003, which runs from the date of injury.
What Is the 15-Year Statute of Repose?
Separately, Texas imposes a 15-year statute of repose under Section 16.012(b), which runs from the date the product was sold, not the date of injury:
- If a product was sold more than 15 years before the injury occurred, the claim is generally barred, even if the two-year limitations period would otherwise still be open.
- One key exception: under Section 16.012(c), if the manufacturer or seller expressly warranted in writing that the product had a useful safe life longer than 15 years, the claimant gets that longer period instead.
The two-year and fifteen-year deadlines run from different starting points, so a claim can be timely under one and already barred under the other. We review the sale date, the date of injury, and any applicable warranty language to determine exactly where your claim stands and how much time remains to file.
What to Do After a Defective Product Injury
What happens in the first few days after an injury can shape the strength of your claim. Consider taking these steps:
- Seek medical care right away, even if the injury doesn’t feel serious.
- Keep the product itself, along with its box, manual, and any pieces that broke or came loose.
- Leave the product as-is, since repairing or tinkering with it can erase evidence of what went wrong.
- Photograph the product, your injury, and wherever the incident happened.
- Hold onto your receipt or any proof of purchase, if you still have it.
Companies and their insurers typically start investigating fast, sometimes faster than injured consumers expect. That’s why it’s critical to talk with a defective product lawyer in Dallas before the product disappears or gets thrown out.
Our attorneys have recovered millions in nursing home abuse settlements, helping families across Dallas hold negligent facilities accountable.
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Potential Compensation for a Texas Product Liability Case
Damages in a Texas product liability case generally fall into two categories, and a successful claim can include both.
- Economic damages cover losses with a clear dollar value: medical bills, lost income, and the cost of ongoing care the injury requires going forward.
- Non-economic damages cover losses that don’t come with a receipt but are still compensable, including pain, disruption to daily life, and the impact on your overall quality of life.
Exemplary Damages
In situations where a company plainly disregarded consumer safety, such as releasing a product it already knew was dangerous, a jury may also be permitted to award exemplary damages under Chapter 41 of the Civil Practice and Remedies Code. Unlike economic and non-economic damages, exemplary damages aren’t meant to compensate you; they’re meant to punish the defendant’s conduct and deter similar behavior in the future.
Because they require clear and convincing evidence of fraud, malice, or gross negligence, a higher bar than the standard for other damages, exemplary damages are awarded only in a small share of cases and require a well-documented claim to pursue.
Serving Injured Consumers Across Dallas and North Texas
From Dallas and DFW out to Arlington, Plano, Garland, Irving, and Richardson, Crowe Arnold & Majors protects the rights of injured consumers throughout North Texas. Our Dallas dangerous product injury attorneys can investigate what happened and discuss your options.
If a defective product has caused harm to you or someone in your family, schedule a free consultation with a product liability lawyer at our firm and find out where you stand. We’re here to guide you through it, one step at a time. We work on a contingency fee basis, so you pay nothing unless we recover compensation for your losses.
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Defective Product – Frequently Asked Questions
All product designers, manufacturers, and sellers are obligated to make sure their products are functional and safe to use before putting them on the market. Unfortunately, whether due to negligence or sheer greed, some companies sell shoddy products which end up hurting or even killing consumers. The compassionate Dallas product liability lawyers at Crowe Arnold & Majors, LLP do not tolerate such unscrupulous behavior. Please bring your defective product claim to us, and we’ll use the full scope of our legal skills and resources to make things right.
Q: What constitutes a defective product?
A: A defective product has an imperfection that makes the product unsafe for its intended or reasonably foreseeable usage. There are three kinds of defects a product can have: design defects, manufacturing defects, and inadequate warnings/labels.
Design defects are the most extensive and can affect whole product lines. For instance, the notorious Ford Pinto had a structural design flaw which allowed its fuel tank to be punctured in a rear-end collision, causing deadly explosions. Manufacturing defects, on the other hand, are more localized and occur when a product is improperly manufactured.
Inadequate labeling, instructions, or warnings can also constitute a product defect. If a consumer sustains an injury because a product does not contain accurate instructions on proper use and safety, they may bring forward a suit against the manufacturer.
Q: What is a breach of warranty?
A: Three types of warranties which pertain to product liability are enforced in every state, including Texas, as part of the Uniform Commercial Code (UCC). They are express warranties, the implied warranty of merchantability, and the implied warranty of fitness for a particular purpose. A breach of any of these warranties constitutes a strict liability claim, in that negligence or fault does not need to be proved.
Q: What is express warranty?
A: An express warranty is a guarantee made by the supplier of the goods to the buyer in a transaction. It can be words spoken during negotiations, or it may be written on tags attached to the product.
Q: What is implied warranty and implied warranty of merchantability?
A: An implied warranty is created and imposed by a contract law term for the purpose of enforcing certain assurances in the sale of a product. Contractual limitations on liability for personal injuries are not allowed by the UCC.
The implied warranty of merchantability requires that products and their packages be fit for the ordinary purposes for which they are sold.
Q: What is “failure to warn” in a defective product case?
A: When a manufacturer sells a product that presents some kind of risk when used for its intended and reasonable purposes, they must at least provide adequate warning to the users and buyers of the dangers that exist. Failure to do so may open them up to a products liability claim based on failure to warn. However, if a consumer blatantly misuses a product and is injured as a result, they cannot recover under this or any other product liability theory.
Q: How long do I have to file a product liability lawsuit in Dallas?
A: With the passage of House Bill 4 in 2003, The Texas Legislature amended Section 16.012 of the Texas Civil Practice and Remedies Code, making a 15-year statute of repose, once applicable only to suits for defects in manufacturing equipment, apply in all defective product cases. In short, claimants must bring their product liability claim within 15 years of the date of the sale of the product, unless the safety warranty provided by the manufacturer is longer, in which case, the claim must be brought before the warranty expires.
Q: What damages may I recover in my Dallas product liability lawsuit?
A: Depending on the circumstances, you may be entitled to compensation for economic losses, such as property damage, medical bills, and lost wages. You may also recover non-economic damages, including pain and suffering and emotional distress.
Permanent injuries such as loss of sight, loss of hearing, loss of a limb, or scarring and disfigurement can affect your ability to earn an income and enjoy life. For such injuries, you can sue for compensation for “hedonic” damages, meaning the loss of joy of life. If the defective product took the life of a loved one, you can seek compensation for lost future income and benefits, pain and suffering of the deceased before they died, funeral and burial expenses, and the loss of love, affection, companionship, etc. If the liable manufacturer exhibited especially egregious behavior, the court may award punitive damages as well. Speak with a knowledgeable attorney to determine your potential recovery.
Get Legal Help Today
To get in touch with Crowe Arnold & Majors, LLP now, call (214) 231-0555. Your initial consultation is free of charge and we charge no legal fees unless we win compensation for you. So, why wait? Contact us today to get started on the road to recovery.
Texas Product Liability Case Results
- Confidential Settlement – Dangerous product case involving defective wheelchair
- Confidential Settlement – Dangerous product case involving defective table saw
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Our Dallas Location
You can find our office in Bank of America Plaza at 901 Main Street in downtown Dallas. We’re near Dealey Plaza, the JFK Memorial, Renaissance Tower, and the AT&T Discovery District.
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