When a product is defective — in its design, manufacture, or the warnings provided — and that defect injures someone, the company that made it is responsible. Texas product liability law holds manufacturers, distributors, and retailers accountable through strict liability and negligence theories. You don’t have to prove the manufacturer knew the product was dangerous — only that it was.
Attorney BJ Kemp represents product liability victims throughout Greater Houston on a contingency basis. No fee unless we win.
Three Types of Product Defects Under Texas Law
Design Defect
The product’s design is inherently dangerous, even when manufactured correctly. Example: a vehicle with a roof that collapses in rollover crashes because the design doesn’t provide adequate protection. Every unit of the product is dangerous because the fundamental design is flawed.
Manufacturing Defect
The design is safe but an error in production created a dangerous deviation. Example: a car’s airbag inflator contains contaminated propellant due to a factory error. Only some units are affected — those with the manufacturing flaw.
Marketing Defect (Failure to Warn)
The product lacks adequate warnings or instructions about risks that are not obvious to a reasonable user. Example: a medication that fails to warn about dangerous drug interactions. The product itself may function as designed — the defect is in how it was presented to consumers.
Strict Liability
Under Texas strict liability (Restatement Second of Torts §402A), you don’t have to prove the manufacturer was negligent — only that the product was defective and the defect caused your injury. This is one of the most important tools in product liability litigation.
Negligence
Even when strict liability doesn’t apply, manufacturers can be held liable under traditional negligence if they failed to exercise reasonable care in design, testing, manufacturing, or warning. Negligence claims can support punitive damages when conduct was egregious.
Breach of Warranty
Express warranties (what the manufacturer claimed about the product) and implied warranties (that the product is fit for ordinary use) can create liability when a product fails to perform as promised and causes injury.
Who can be sued in a Texas product liability case?
Under Texas Civil Practice & Remedies Code Chapter 82, anyone in the product’s chain of distribution can be liable: the manufacturer (primary defendant), the distributor or wholesaler, the retailer that sold the product, and any company that provided a component that caused the defect. In cases where the manufacturer is insolvent or out of business, retailers who sold the product may bear full liability. We identify and pursue every party in the distribution chain.
What common products cause the most serious product liability injuries?
In Texas personal injury cases, the most serious product liability claims involve: defective vehicle components (airbags, tires, seatbelts, roofing), defective power tools and construction equipment, dangerous pharmaceutical drugs and medical devices, defective children’s products and toys, and dangerous household appliances. Heavy industrial equipment defects are particularly common in Houston’s oil, gas, and construction sectors.
How Manufacturers Fight Product Liability Claims
Frequently Asked Questions
What is the statute of limitations for a product liability claim in Texas?
Two years from the date of injury under Texas Civil Practice & Remedies Code §16.003. Texas also has a 15-year statute of repose for most products — meaning claims arising more than 15 years after the product was sold to the first retail purchaser are generally barred. Contact an attorney immediately if you believe a defective product caused your injury.
Do I need to have the defective product to file a claim?
Preserving the product is critical — it is the most important piece of evidence in the case. Do not repair, alter, or discard it. If the product was destroyed in the incident, we work with accident reconstruction and engineering experts to document its condition and defects through other evidence. Contact us immediately so we can advise on evidence preservation.
Can I sue if the product was recalled after my injury?
Yes — a recall is often strong evidence that the manufacturer knew the product was defective. It can also support claims that the company was aware of the problem before your injury and failed to act quickly enough. We use recall records, internal communications, and CPSC filings as part of the evidence base.
What if I was injured by a used product?
Texas’s innocent seller doctrine (Chapter 82) protects retailers from strict liability in many cases — but the original manufacturer remains liable. Used product sellers may also bear liability depending on their knowledge of the defect and the product’s age. We evaluate all available defendants in used product cases.
Can I join a class action for a defective product?
In some cases yes — particularly for widely distributed consumer products causing similar injuries across many victims. However, individual product liability lawsuits often recover significantly more than class action settlements for seriously injured plaintiffs. We evaluate both options and advise on which path maximizes your recovery given your specific injuries.
Related Practice Areas
Product Liability Resources
BJ Kemp
Texas State Bar #24116608 • Houston, TX
BJ Kemp represents product liability victims throughout Greater Houston, holding manufacturers, distributors, and retailers accountable for dangerous products. Contingency basis — nothing unless we win.
(346) 971–7333 — Free Consultation