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

Texas gives you two years from the date of injury to file a product liability lawsuit under [CPRC Section 16.003](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). The clock starts on the date the injury occurs, or in some cases the date you discovered or reasonably should have discovered it. Missing this deadline ends your right to sue, regardless of how strong your case is.

What is the 15-year statute of repose and does it affect my case?

[CPRC Section 16.012](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm) bars product liability claims for products that were first sold more than 15 years before the lawsuit is filed. This is a hard cutoff, not a limitations period that can be extended by late discovery of the injury. There is an exception if the manufacturer provided an express warranty that extends beyond 15 years. If your product is approaching or exceeding 15 years old, consult an attorney before the deadline passes.

Can I sue a retailer for a defective product in Texas?

It depends. Texas CPRC Chapter 82 gives retailers an innocent seller defense that allows them to be dismissed if the manufacturer is named and subject to Texas jurisdiction. However, that defense disappears if the retailer had actual knowledge of the defect, modified the product, made express warranties, or exercised control over the product's design. Always name the retailer in the initial lawsuit. Let them establish or lose their defense. If the manufacturer is insolvent or beyond Texas jurisdiction, the retailer may be your primary defendant.

What is the difference between a design defect and a manufacturing defect?

A design defect means every unit of that product is dangerous because the design itself is flawed. A manufacturing defect means the design was fine but something went wrong during production with your specific unit, making it different from what the manufacturer intended to produce. The proof strategies differ: design defect cases require showing a safer alternative design existed; manufacturing defect cases compare your unit to the manufacturer's own specifications for conforming products.

Do I need to keep the defective product?

Yes. The product is your most important piece of evidence. Do not discard it, repair it, or allow anyone else to take possession of it without your attorney arranging independent inspection first. If you destroy or lose the product, the court may issue a spoliation instruction telling the jury to assume the missing evidence was harmful to your case. Preserve the product exactly as it was at the time of the incident, along with all packaging, manuals, and receipts.

What if I was partially at fault for my injury?

Texas proportionate responsibility rules under CPRC Chapter 33 reduce your recovery by your percentage of fault. If you are 20% responsible, you recover 80% of your damages. If your responsibility exceeds 50%, you recover nothing. Product manufacturers routinely argue the user misused the product to shift fault percentage toward the plaintiff. An attorney needs to anticipate that argument and address it with evidence of foreseeable use.

Can I still file a claim if the product was recalled?

Yes. A recall does not bar your claim. It can actually strengthen it by showing the manufacturer had notice of the defect. A recall issued after your injury may demonstrate the manufacturer knew or should have known about the risk before your injury occurred. If you received a recall notice and the injury happened before you could act on it, that timeline matters. Document when you first received recall notice.

What damages can I recover in a Texas product liability case?

Texas allows recovery of economic damages and noneconomic damages. Economic damages include medical expenses (past and future), lost wages (past and future), and costs of future care. Noneconomic damages include physical pain, mental anguish, physical impairment, and disfigurement. When the manufacturer acted with gross negligence, exemplary damages are also available under CPRC Chapter 41, capped at the greater of two times economic damages plus noneconomic damages up to $750,000, or $200,000.

Do I need a lawyer to handle a product liability case, or can I negotiate with the manufacturer myself?

Product liability cases are technically complex. Manufacturers carry teams of defense attorneys and retained engineers whose job is to challenge every element of your claim. Without an attorney, you are unlikely to obtain the expert testimony needed to prove defect, establish causation, or counter the innocent seller and proportionate responsibility defenses. Most product liability cases are handled on contingency, meaning no fee unless you recover. A consultation costs nothing and tells you whether you have a viable claim.

Tyler Texas Product Liability Lawyers

No one researches product liability attorneys unless something went wrong. A product failed. Someone got hurt. Now you need to understand what happened legally and whether you have a viable case.

This page explains how product liability law works in Texas, what each claim type requires, and what distinguishes strong cases from weak ones. Morris & Dewett has handled product liability cases for over 20 years. Take your time reading. Compare attorneys. Reach out when you're ready.

What Is Product Liability Under Texas Law?

Texas product liability law holds manufacturers, distributors, and sellers legally responsible when a defective product causes injury or death. There are three recognized claim types: design defect, manufacturing defect, and marketing defect (also called failure to warn).

The most important feature of Texas product liability law is strict_liability. You do not need to prove the company was careless. You prove the product was defective and the defect caused your injury.

Texas product liability is governed by common law doctrine alongside CPRC Chapter 82. The statute of limitations is two years from the date of injury under CPRC Section 16.003. Miss that deadline and you lose the right to sue, regardless of how serious the injury.

Texas also has a 15-year statute_of_repose under CPRC Section 16.012. Products more than 15 years old are generally immune from product liability suits, unless the manufacturer provided an express warranty extending beyond that period.

Ask any attorney you speak with how CPRC Section 16.012 applies to your product's age and purchase date. If they do not know that statute by number, that is a signal.

Design Defect Claims: The Risk-Utility Test

Texas uses the risk-utility test to evaluate whether a product's design was defective. Every unit made from a flawed design carries the same danger. The defect exists before manufacturing begins.

Texas evaluates design defects using the risk-utility test. Courts weigh the probability and magnitude of foreseeable harm against the burden of adopting a safer alternative design. Under CPRC Section 82.005, a plaintiff must prove a safer alternative design existed. That design would have reduced or eliminated the risk. And the product's failure to use it made the product unreasonably dangerous.

The consumer expectations test can also apply, particularly for products marketed directly to ordinary consumers. A product is defective if it fails to perform as safely as an ordinary consumer would expect when used in a reasonably foreseeable way.

In East Texas, design defect cases frequently arise from heavy equipment and oil field tools. Guarding failures on industrial machinery, pressure vessel designs, and drill string component geometry are recurrent product categories in Smith County litigation. Power tool blade guard failures and vehicle rollover geometry cases also arise regularly.

Evidence in design defect cases centers on engineering analysis, industry safety standards from bodies like ANSI, OSHA, and ISO, and expert testimony from design engineers who can articulate what the safer alternative design would have looked like.

Foreseeable misuse is a key concept. If a user misuses a product in a way the manufacturer could reasonably anticipate, the manufacturer may still be liable. If the misuse was truly unforeseeable, it may break the chain of causation. Ask any attorney how they intend to handle a foreseeable misuse argument if the defense raises it.

Manufacturing Defect Claims

A manufacturing defect is different from a design defect. The design was fine. Something went wrong during production with one specific unit or batch. The defective product differs from what the manufacturer intended to make.

strict_liability applies fully to manufacturing defects. If the product left the factory in a defective condition and that defect caused injury, the manufacturer is liable. Their quality control procedures, or how carefully they tried, are irrelevant.

Manufacturing defect cases common to East Texas industrial contexts include improperly heat-treated metal components in oilfield equipment, contaminated food or pharmaceutical products, and incorrectly assembled machinery. Batch and lot number records become critical: you need to show the defect existed in the product at the time it left the manufacturer.

The proof framework compares the defective product to the manufacturer's own design specifications and to other conforming units from the same production run. If your unit deviates from what the company's own specs required, that deviation is the defect.

Evidence collection here includes quality control records, batch and lot traceability records, failure analysis reports, inspection records, and any recall notices or technical service bulletins the manufacturer issued.

Chain of custody matters. The defense will argue the product was altered or damaged after it left the factory. Document who handled the product, when, and how. Preserve it intact.

Preserve the product immediately. spoliation is a serious risk in product liability cases. If you discard, repair, or alter the defective product before it is inspected, the court may issue an adverse inference instruction. The jury will be told they can assume the missing evidence was unfavorable to you.

Failure to Warn (Marketing Defect) Claims

A marketing defect arises when a product that is otherwise safely designed and manufactured causes injury because it lacks adequate warnings or instructions. The product was not inherently dangerous. The user did not know the risk.

The duty to warn attaches to risks that are not obvious to the ordinary user and that the manufacturer knew or should have known about. Warning obvious dangers does not create liability for failing to do so. Warning non-obvious risks is the manufacturer's obligation.

Texas recognizes a post-sale duty to warn in some circumstances. If a risk emerges from post-sale experience, user reports, or scientific research after the product is sold, the manufacturer may have an ongoing obligation to issue updated warnings. This matters in pharmaceutical and medical device cases where risk profiles evolve after FDA approval.

The learned_intermediary doctrine applies in prescription drug and medical device cases in Texas. The manufacturer's duty runs to the prescribing physician, not directly to the patient. This can be a significant defense in pharmaceutical failure-to-warn cases.

Industrial chemical warnings in Tyler and East Texas must comply with OSHA's Hazard Communication Standard and ANSI Z535 labeling standards. SDS sheets must be provided. Power equipment manufacturers must include adequate safety labels under applicable ANSI standards. Pharmaceutical products must comply with FDA labeling requirements.

Ask any attorney whether they have retained a warnings expert. These cases turn on whether an expert can testify that the warning was inadequate by industry standards and that an adequate warning would have changed the outcome.

CPRC Chapter 82: The Innocent Seller Defense

Texas gives retailers and distributors a statutory defense. Under CPRC Section 82.003, a seller who did not manufacture the defective product can be dismissed from the lawsuit if the manufacturer is named as a defendant and is subject to Texas jurisdiction.

This means if you buy a defective product at a Tyler hardware store and the manufacturer is a U.S. company you can sue in Texas, the retailer can get dismissed. The lawsuit proceeds against the manufacturer alone.

But the innocent seller defense has exceptions. A seller loses the protection if it exercised substantial control over the product's design, formulation, or warnings. A seller also loses it if it modified the product, made express warranties about the product, or had actual knowledge of the defect at the time of sale.

Strategic implications are significant. Always name the full supply chain in the initial lawsuit: manufacturer, component parts suppliers, distributors, and retailers. Let each party establish or lose their defense. If the manufacturer is insolvent, in bankruptcy, or a foreign company beyond Texas jurisdiction, the seller remains a viable defendant.

The innocent seller defense does not protect a component part seller who manufactured the defective component, even if they did not make the final assembled product.

Ask any product liability attorney whether they analyze the entire supply chain before filing, or whether they only sue the most obvious party. The answer tells you whether they understand Chapter 82.

Proportionate Responsibility in Multi-Party Product Cases

Most product liability cases involve more than one potentially responsible party. Texas proportionate_responsibility under CPRC Chapter 33 governs how fault is divided.

The 51% bar applies. If the plaintiff's own proportionate responsibility exceeds 50%, they recover nothing. At exactly 50% or less, the plaintiff recovers but their damages are reduced by their percentage of fault.

Joint and several liability in Texas is limited. Under CPRC Section 33.013, only defendants whose responsibility exceeds 50% are jointly and severally liable for the entire judgment. Defendants at 50% or less pay only their proportionate share. In multi-defendant cases, this affects how collectible a judgment actually is.

Manufacturers can designate responsible third parties under CPRC Section 33.004. They might designate a distributor, a maintenance contractor, or even the plaintiff. After designation, the plaintiff has 60 days to add the designated third party as a defendant. If you miss that window, you cannot add them later and the manufacturer benefits from the split of fault.

East Texas industrial and oilfield product liability cases routinely involve multiple defendants: the equipment OEM, a component supplier who made the failing part, the maintenance contractor who last serviced the equipment, and potentially the employer. Fault allocation across that group directly determines each defendant's settlement exposure and leverage.

Understanding each defendant's maximum proportionate exposure is core to settlement strategy. An attorney who does not model the fault allocation across defendants before entering mediation is going in unprepared.

Exemplary Damages for Gross Negligence

Texas allows exemplary damages in product liability cases when the plaintiff proves, by clear and convincing evidence, that the manufacturer acted with gross negligence under CPRC Chapter 41. This applies when a manufacturer knew about a defect and chose not to fix it.

Texas calls these exemplary damages, not punitive damages. The plaintiff must prove gross negligence by clear and convincing evidence. This is a higher evidentiary standard than the preponderance of the evidence used for liability.

Gross negligence requires two elements. The objective prong: an act or omission involving an extreme degree of risk, considering the probability and magnitude of harm to others. The subjective prong: the defendant had actual subjective awareness of the risk but proceeded with conscious indifference to the rights, safety, or welfare of others.

The cap under CPRC Section 41.008 is the greater of (a) two times economic damages plus noneconomic damages up to $750,000, or (b) $200,000. The cap does not apply to certain felony-level conduct including murder, aggravated assault, and sexual assault.

In product liability, exemplary damages become available when internal company documents show the manufacturer knew about the defect. Recall suppression decisions, internal engineering memos weighing fix cost against litigation exposure, and consumer complaint databases are the evidence that transforms a compensatory claim into an exemplary damages claim.

Texas requires bifurcated trials when exemplary damages are sought. The jury first decides liability and compensatory damages. Then, in a separate phase, they hear evidence on gross negligence and determine exemplary damages. Ask any attorney how they structure their discovery strategy to develop exemplary damages evidence.

Class Actions and MDL in Product Liability

When a defective product injures many people across the country, individual cases do not stay individual for long.

MDL proceedings at the federal level consolidate thousands of similar cases for pretrial coordination. [LOCAL] The Eastern District of Texas, Tyler Division at 211 W. Ferguson Street handles federal MDL and diversity cases from Smith County. The Eastern District has historically produced plaintiff-favorable jury pools.

[LOCAL] State-level class actions in Tyler are filed in the Smith County District Courts, which include the 125th, 114th, 321st, and 7th Judicial District Courts.

Mass tort MDLs arise most often in pharmaceutical drug cases, medical device cases, and consumer product categories where a nationwide defect pattern is established. bellwether trials in MDL proceedings establish the settlement range for remaining cases.

For individuals with serious injuries, opting into a mass settlement versus pursuing an individual claim requires careful analysis. Class settlements distribute compensation across thousands of plaintiffs and often produce smaller individual recoveries. Plaintiffs with severe injuries and strong individual facts frequently do better outside the class.

Ask any attorney whether your injury is better suited to individual litigation or mass tort participation. The answer depends on your injury severity, your damages, and the defendant's available resources.

What Happens After You File a Product Liability Claim in Tyler?

Product liability cases have a specific sequence. Knowing it helps you protect your rights from the first day.

Step one: preserve the product. Do not throw it away, repair it, or allow the retailer to take it back. Keep all packaging, instruction manuals, and receipts. The product is your primary evidence.

Step two: seek medical treatment and connect the injury to the product. Documentation of what you were doing with the product and how the injury occurred should be recorded as close in time to the incident as possible.

Step three: consult a product liability attorney before speaking with the manufacturer's insurer. The insurer will contact you. Do not give a recorded statement. Do not send the product to them for inspection without your attorney arranging independent preservation first.

[LOCAL] State claims are filed in the Smith County District Court in Tyler. Federal diversity cases go to the Eastern District of Texas, Tyler Division at 211 W. Ferguson Street.

Before filing, an experienced attorney hires a liability expert to inspect the product. That inspection shapes the theory of the case and determines which defect category applies. Filing without an expert opinion is a mistake. Once litigation starts, discovery targets quality control records, internal communications, prior consumer complaints, and any recall history. The manufacturer's insurer will simultaneously conduct its own investigation to minimize exposure.

Texas product liability cases typically take 18 to 36 months from filing to resolution. Complex multi-defendant cases or those involving MDL coordination take longer. Morris & Dewett handles the entire process: expert retention, pre-suit investigation, discovery, and through trial if necessary.

Frequently Asked Questions

How long do I have to file a product liability lawsuit in Texas?: Texas gives you two years from the date of injury to file a product liability lawsuit under [CPRC Section 16.003](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). The clock starts on the date the injury occurs, or in some cases the date you discovered or reasonably should have discovered it. Missing this deadline ends your right to sue, regardless of how strong your case is.
What is the 15-year statute of repose and does it affect my case?: [CPRC Section 16.012](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm) bars product liability claims for products that were first sold more than 15 years before the lawsuit is filed. This is a hard cutoff, not a limitations period that can be extended by late discovery of the injury. There is an exception if the manufacturer provided an express warranty that extends beyond 15 years. If your product is approaching or exceeding 15 years old, consult an attorney before the deadline passes.
Can I sue a retailer for a defective product in Texas?: It depends. Texas CPRC Chapter 82 gives retailers an innocent seller defense that allows them to be dismissed if the manufacturer is named and subject to Texas jurisdiction. However, that defense disappears if the retailer had actual knowledge of the defect, modified the product, made express warranties, or exercised control over the product's design. Always name the retailer in the initial lawsuit. Let them establish or lose their defense. If the manufacturer is insolvent or beyond Texas jurisdiction, the retailer may be your primary defendant.
What is the difference between a design defect and a manufacturing defect?: A design defect means every unit of that product is dangerous because the design itself is flawed. A manufacturing defect means the design was fine but something went wrong during production with your specific unit, making it different from what the manufacturer intended to produce. The proof strategies differ: design defect cases require showing a safer alternative design existed; manufacturing defect cases compare your unit to the manufacturer's own specifications for conforming products.
Do I need to keep the defective product?: Yes. The product is your most important piece of evidence. Do not discard it, repair it, or allow anyone else to take possession of it without your attorney arranging independent inspection first. If you destroy or lose the product, the court may issue a spoliation instruction telling the jury to assume the missing evidence was harmful to your case. Preserve the product exactly as it was at the time of the incident, along with all packaging, manuals, and receipts.
What if I was partially at fault for my injury?: Texas proportionate responsibility rules under CPRC Chapter 33 reduce your recovery by your percentage of fault. If you are 20% responsible, you recover 80% of your damages. If your responsibility exceeds 50%, you recover nothing. Product manufacturers routinely argue the user misused the product to shift fault percentage toward the plaintiff. An attorney needs to anticipate that argument and address it with evidence of foreseeable use.
Can I still file a claim if the product was recalled?: Yes. A recall does not bar your claim. It can actually strengthen it by showing the manufacturer had notice of the defect. A recall issued after your injury may demonstrate the manufacturer knew or should have known about the risk before your injury occurred. If you received a recall notice and the injury happened before you could act on it, that timeline matters. Document when you first received recall notice.
What damages can I recover in a Texas product liability case?: Texas allows recovery of economic damages and noneconomic damages. Economic damages include medical expenses (past and future), lost wages (past and future), and costs of future care. Noneconomic damages include physical pain, mental anguish, physical impairment, and disfigurement. When the manufacturer acted with gross negligence, exemplary damages are also available under CPRC Chapter 41, capped at the greater of two times economic damages plus noneconomic damages up to $750,000, or $200,000.
Do I need a lawyer to handle a product liability case, or can I negotiate with the manufacturer myself?: Product liability cases are technically complex. Manufacturers carry teams of defense attorneys and retained engineers whose job is to challenge every element of your claim. Without an attorney, you are unlikely to obtain the expert testimony needed to prove defect, establish causation, or counter the innocent seller and proportionate responsibility defenses. Most product liability cases are handled on contingency, meaning no fee unless you recover. A consultation costs nothing and tells you whether you have a viable claim.

These answers reflect Louisiana law as of January 2026. For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.