People injured by defective products may have the opportunity to recover for their damages through a product liability lawsuit. In the absence of federal laws, product liability cases are addressed at the state level. Some states don't have statutes specifically covering product liability claims, but instead cover these claims under their general tort statutes. However, other states have laws specifically addressing product liability. The Texas Civil Practice and Remedies Code, for example, devotes a whole chapter to products liability. This chapter addresses general information, such as the liability of nonmanufacturing sellers, as well as specific claims, such as products liability cases involving medicine and firearms.
Texas Product Liability Laws at a Glance
In the table below, you can find an overview of product liability laws in Texas as well as links to relevant statutes. When you have a legal question, it's always best to read the primary source - meaning the relevant statutes - for yourself. But it can also be very beneficial to read an overview of the law, and if you have questions, to consult with an attorney.
Texas Civil Practice and Remedies Code:
|Statutory Definition of Products Liability Action||
A products liability action is one that's against a manufacturer or seller to recover damages for personal injury, death, or property damage caused by a defective product. The action can be based on any legal theory, including:
|Statute of Limitations for Filing a Claim||
A person must file a products liability action against a seller or manufacture within 15 years of the date of sale*. However, if the manufacturer or seller has an express warranty in writing that the product has a life longer than 15 years, the action must be filed within that time.
*This time limit only applies to the sale and not the lease of a product.
|Effect of Manufacturer or Seller's Compliance with Government Standards||
There's a rebuttable presumption that the product manufacturer or seller isn't liable for injuries if the formula, labeling, or design was in compliance with mandatory federal safety standard or federal licensing procedures and requirements.
Texas Civil Practice and Remedies Code, Title 4, Chapter 90, Section 90.001, et seq. (Claims Involving Asbestos and Silica)
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Texas Product Liability Laws: Related Resources
If you'd like additional information and resources related to this topic, you can visit the links listed below.
Get Legal Help with Your Questions About Texas Product Liability Laws
As you can see, Texas has a number of laws addressing different aspects of product liability. If you've been injured by a product, it's a good idea to speak with a skilled products liability attorney near you who will be well-versed in these laws and can explain how they apply to your unique situation.
Contact a qualified attorney.