Product liability cases in Texas arise when a defective product causes injury. Texas recognizes three types of defects: manufacturing defects, design defects, and marketing defects (failure to warn). Claims can be brought against manufacturers, distributors, and retailers in the chain of distribution. Texas follows strict liability for manufacturing defects and a risk-utility test for design defects.
Get My Free Product Liability Estimate →Texas product liability law is governed by Chapter 82 of the Civil Practice & Remedies Code. Strict liability applies to manufacturing defects (the product deviated from specifications). Design defect claims use a risk-utility balancing test. Failure-to-warn claims require proving the manufacturer knew or should have known of the danger and failed to provide adequate warnings. A 15-year statute of repose bars claims for products manufactured more than 15 years before the injury.
Statute of Limitations
2 Years
Comparative Fault
51% Bar Rule
Damage Caps
No Cap
Minor product injury cases settle for $20,000 to $50,000. Moderate injuries range from $75,000 to $300,000. Severe defects causing catastrophic injury or death can result in verdicts of $300,000 to $5,000,000+ including punitive damages.
| Severity | Typical Settlement Range |
|---|---|
| Minor Injury | $20,000 |
| Moderate Injury | $75,000 - $300,000 |
| Severe / Catastrophic | $300,000 - $5,000,000+ |
These ranges are based on publicly available Texas verdict and settlement data. Actual outcomes vary based on specific facts and circumstances.
Burns, Amputation, Traumatic Brain Injury (TBI), Internal Bleeding, Wrongful Death, Nerve Damage, Scarring & Disfigurement, Organ Damage
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Car Accident • Workplace Injury • Construction Accident • Medical Malpractice • Wrongful Death
Minor injuries average $20,000 to $50,000. Moderate injuries range from $75,000 to $300,000. Severe defects causing catastrophic harm or death can produce verdicts and settlements of $1,000,000 to $5,000,000+ including punitive damages for egregious conduct.
Manufacturing defects (the product deviated from its intended design), design defects (the entire product line is unreasonably dangerous), and marketing defects/failure to warn (inadequate instructions or safety warnings).
For manufacturing defects, Texas applies strict liability — you don't need to prove negligence, only that the product was defective and caused your injury. Design defect claims use a risk-utility test, which is slightly different from pure negligence.
Texas has a 15-year statute of repose. If the product was manufactured more than 15 years before your injury, your claim may be barred. However, if the manufacturer represented the product would last longer, this defense may not apply.
Yes, but Texas law provides retailers a defense if they can identify the manufacturer. The claim then shifts to the manufacturer. If the retailer participated in the design, altered the product, or the manufacturer is insolvent, the retailer remains liable.
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