San Antonio Product Liability Attorney

Barry Deacon Law is a solo practice, so you deal directly with your lawyer from the first call. English-speaking clients can reach us at 210-985-8398. Spanish-speaking clients can call 210-796-4933.

What Makes a Product Defective Under Texas Law?

Texas product liability law generally recognizes three types of product defects: manufacturing defects, design defects, and marketing defects, which include inadequate warnings or instructions. Each type of claim has different legal requirements and must be supported by appropriate evidence.

Product liability claims in Texas are largely governed by Chapter 82 of the Texas Civil Practice and Remedies Code. The type of defect shapes what evidence matters.

• Manufacturing defect: The product deviates from its intended design or specifications, making it defective even though other products in the same production line may be properly manufactured. A contaminated batch or an improperly welded component may be examples.
• Design defect: Every unit is built according to the intended design, but the design itself is defective. Under Texas Civil Practice and Remedies Code Section 82.005, a claimant generally must prove that a safer alternative design existed and that the design defect was a producing cause of the injury. The alternative design must have been economically and technologically feasible when the product left the manufacturer’s or seller’s control and must have prevented or significantly reduced the risk of injury without substantially impairing the product’s utility.
• Marketing defect: A marketing defect may exist when a manufacturer fails to provide adequate warnings or instructions about a foreseeable risk associated with a product. A claimant generally must establish that an adequate warning or instruction could have reduced or avoided the risk of harm and that the failure to provide it was a producing cause of the injury. Certain additional rules may apply to prescription medications and medical products. Our article on injuries from a product without a warning label covers this in more detail.

Who Can Be Held Responsible?

Depending on the circumstances, potentially responsible parties may include the product manufacturer, a manufacturer of a defective component, distributors, and retailers. However, Texas law generally protects sellers that did not manufacture the product unless one of the statutory exceptions applies.

Under Chapter 82, a seller that did not manufacture the product is generally not liable for harm caused by it unless a statutory exception applies. These exceptions include participating in the product’s design, altering or modifying the product in a way that causes the harm, exercising substantial control over inadequate warnings or instructions, making certain incorrect factual representations about the product, or having actual knowledge of the defect when supplying the product. A seller may also be liable under this provision if the manufacturer is insolvent or not subject to the court’s jurisdiction. When the manufacturer is located overseas, whether a domestic importer or distributor can be held responsible depends on the specific circumstances and applicable statutory exceptions.

What You Have to Prove

In a typical strict product liability claim, a plaintiff must establish that the product was defective and unreasonably dangerous when it left the defendant’s control, and that the defect was a producing cause of the injury. The specific elements and burden of proof depend on the type of defect and the legal theory being pursued.

Most cases are built on four points:

1. Use: The circumstances of how the product was used matter. Evidence that the product was used as intended or in a reasonably foreseeable manner can help establish liability, while misuse or substantial alteration may affect the outcome of a claim.
2. Defect: It was unreasonably dangerous because of a manufacturing, design, or marketing defect.
3. Causation: The defect must have been a producing cause of your injury. Producing cause generally requires proof that the defect was a substantial factor in bringing about the injury and that the injury would not have occurred without it. Unlike proximate cause, producing cause does not require proof of foreseeability.
4. Damages: You suffered compensable harm, which may include medical expenses, lost income, physical pain, mental anguish, physical impairment, or property damage, depending on the circumstances.

Evidence can disappear or become damaged quickly. Preserve the product in its current condition, along with its packaging, manuals, receipts, photographs, and any related records. Avoid attempting repairs, altering the product, or returning it to the manufacturer or seller before speaking with an attorney. An inspection by qualified experts may be necessary to determine what caused the failure.

Deadlines That Can End a Claim

Most Texas personal injury claims must be filed within two years after the cause of action accrues. Product liability claims are also generally subject to a separate 15-year statute of repose, which typically runs from the date the defendant sold the product rather than the date of the injury.

The two-year limitations period comes from Texas Civil Practice and Remedies Code Section 16.003. Section 16.012 establishes the 15-year statute of repose, which generally runs from the date the defendant sold the product. An exception applies when the manufacturer or seller expressly warrants in writing that the product has a useful safe life longer than 15 years. Additional statutory exceptions apply to certain claims involving diseases caused by exposure to products, including situations involving latent symptoms. The statute of repose does not extend an otherwise applicable limitations period, so both deadlines should be evaluated promptly.

What Compensation May Be Available

Injured people may recover economic damages, such as medical bills and lost income, and non-economic damages, such as pain and suffering, and in rare cases exemplary damages.

Recoverable losses typically include:

• Medical costs: Past and future treatment, rehabilitation, and ongoing care.
• Lost earnings: Wages missed during recovery and reduced earning capacity if the injury is permanent.
• Pain, mental anguish, and impairment: Harm that doesn’t come with a receipt but is part of the claim.
• Exemplary damages: In certain cases, exemplary damages may be available when the claimant proves by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence. These damages are intended to punish particularly wrongful conduct rather than simply compensate the injured person. See punitive damages in defective product cases.

Texas also applies proportionate responsibility in applicable claims. If a jury determines that you are more than 50 percent responsible for the harm, you generally cannot recover damages. If your share of responsibility is 50 percent or less, your recoverable damages are generally reduced in proportion to your percentage of responsibility.

Product Liability Questions in San Antonio

Do I have a case if the product was recalled after I was hurt?

A product recall may provide important information about a potential safety issue, but it does not automatically establish that the product was defective or that the manufacturer is liable for your injuries. Whether recall-related evidence can be used in a lawsuit depends on the circumstances and applicable evidence rules. For example, Texas Rule of Evidence 407 generally restricts the use of subsequent remedial measures to prove a product defect, but a manufacturer’s written notification to purchasers identifying a product defect is admissible against the manufacturer to prove the defect. You must still establish the required elements of your claim, including causation and damages.

Can I sue if I was injured by a product I bought secondhand?

Possibly. A manufacturer may still be liable for injuries caused by a defect that existed when the product left its control, even if the product was later resold. However, the product’s condition, age, maintenance history, subsequent modifications, and any changes made before the injury can affect whether a claim is successful. An attorney can evaluate the circumstances and determine whether the available evidence supports a product liability claim.

Talk to a San Antonio Product Liability Lawyer

If a defective product injured you or a family member, it is important to understand your legal options and protect evidence that could support your claim. Call 210-985-8398 (English) or 210-796-4933 (Spanish) to request a free, confidential case evaluation with Barry Deacon Law. Bring the product, if available, along with any receipts, photographs, and medical records. We can review the circumstances of your injury and help determine whether you may have grounds for a product liability claim.