What is the product liability law in Texas?

Product liability claims in Texas are governed primarily by the Texas Products Liability Act, codified under Texas Civil Practice and Remedies Code Chapter 82, and generally fall into three categories:

1. Design defects: The product was dangerous by design. Even when manufactured perfectly, the product poses an unreasonable risk of harm to the people using it.

2. Manufacturing defects: The design was sound, but something went wrong during the production process. A single unit or an entire batch leaves the factory in a condition that makes it dangerous.

3. Marketing defects: The product lacked adequate warnings or instructions. Even a well-designed, properly manufactured product can give rise to a liability claim if consumers weren't properly warned about its risks.

Texas follows a strict liability standard for product liability cases, which means you don't need to prove that the manufacturer or seller acted negligently. You need to prove that the product was defective, that the defect existed when it left the defendant's control, and that the defect caused your injuries.

That might sound straightforward, but it isn't. Corporate defendants fight these claims hard, and proving liability often requires expert testimony, independent testing, and a thorough investigation of the entire supply chain. This is not the kind of case to take on without an experienced Houston product liability lawyer in your corner.

What are the different types of product liability cases?

Defective products show up in every corner of daily life, and the injuries they cause can range from minor to catastrophic. At Thiessen Law Firm, we handle the full spectrum of product liability cases, including:

• Defective auto parts: A faulty brake system, tire blowout, or malfunctioning airbag can turn a routine drive into a life-altering car accident. When a vehicle defect contributes to a collision, the manufacturer may share liability alongside any negligent drivers.

• Defective commercial vehicle parts: Trucks and 18-wheelers are already among the most dangerous vehicles on the road. When defective components like brake failures or steering malfunctions contribute to a truck accident, the injured party may have claims against both the trucking company and the parts manufacturer.

• Defective flooring and footwear: Not every slip and fall is just a premises liability case. When defective flooring materials or improperly designed footwear contribute to a fall, the manufacturer of those products can be held accountable alongside the property owner.

• Dangerous medications and medical devices: Pharmaceutical companies and medical device manufacturers have a legal duty to ensure their products are safe and properly labeled. When they fail, patients can suffer serious harm from the very treatments meant to help them.

• Defective children's products: Toys, car seats, cribs, and other children's products are held to strict safety standards. When manufacturers cut corners, the consequences can be devastating.

• Defective power tools and machinery: Industrial and consumer-grade equipment that malfunctions or lacks adequate safety guards can cause catastrophic injuries, including amputations, crush injuries, and severe burns.

• Contaminated food and beverages: Food manufacturers and distributors have a duty to ensure their products are safe for consumption. Contaminated or mislabeled food products can cause serious illness and, in some cases, long-term health consequences.

• Defective household appliances: Faulty wiring, overheating components, and design failures in everyday appliances can cause fires, electrocution, and other serious injuries inside the home.

No matter what type of product injured you, the underlying principle is the same: companies that put dangerous products into the hands of consumers should be held accountable for the harm they cause.

Who can be sued in a product liability case?

One of the most important things to understand about product liability law in Texas is that liability doesn't stop with the manufacturer. Anyone in the chain of distribution, from the company that designed the product all the way to the retailer that put it on the shelf, can potentially be held responsible for your injuries. At We Fight Giants, we investigate every link in that chain to make sure no responsible party walks away untouched.

Potentially liable parties in a Texas product liability case include:

• Manufacturers: The company that designed and produced the defective product carries the most direct liability. This includes both the original equipment manufacturer and any third-party component makers whose parts contributed to the defect.

• Distributors and wholesalers: Companies that move products from the manufacturer to retailers can be held liable if they knew or should have known about a defect and failed to act.

• Retailers and sellers: The store or online platform that sold you the defective product can share liability under Texas law, even if they played no role in its design or manufacture.

• Importers: When a defective product originates overseas, the company that imported it into the United States can be held accountable in place of the foreign manufacturer.

• Contractors and installers: If a product was installed incorrectly or a contractor introduced a defect during installation, they may share liability for the resulting injuries.

The bottom line is this: the more parties we can hold accountable, the stronger your case and the greater your potential recovery. Don't assume the manufacturer is the only one who owes you. Let us find every giant in the room.

What about the insurance companies behind the defendants?

The insurers backing these defendants will fight just as hard as the defendants themselves. Insurers routinely deploy the same delay, deny, and lowball tactics in product liability cases that they use everywhere else. 

If the insurer covering the at-fault manufacturer has treated your claim unfairly, you may be able to sue the insurance company. Insurance bad faith is a serious legal issue under Texas law, and we know how to prove it occurred. Our bad faith insurance claim attorneys in Houston can help you pursue additional remedies beyond the value of your original claim.

Continue reading: Can you sue an insurance company in Texas?

What type of damages can be awarded in a product liability case?

When a defective product turns your life upside down, Texas law entitles you to compensation for the full scope of what you've lost — not just your medical bills. 

Here’s what you can be awarded:

Economic damages

Economic damages cover the direct financial losses caused by your injury. These are calculated based on bills, pay stubs, and expert projections, and they include:

• Medical expenses: All past and future costs related to your injury, including emergency care, surgeries, rehabilitation, and ongoing treatment.

• Lost wages: Every dollar you couldn't earn while recovering from your injuries.

• Lost earning capacity: If your injuries prevent you from returning to your previous occupation or limit your ability to advance in your career, you deserve compensation for the income you'll never earn.

• Out-of-pocket expenses: Travel costs for medical appointments, home modifications, in-home care, and other accident-related expenditures.

• Future economic losses: Projected costs for long-term care, additional surgeries, and other ongoing financial impacts of your injury.

Non-economic damages

Some losses can't be measured with a receipt. Non-economic damages compensate you for the harder-to-quantify costs of your injuries, including pain and suffering damages, which cover both the physical pain you've endured and the emotional toll of living with a serious injury. 

Additional non-economic damages include:

• Mental anguish: Anxiety, depression, PTSD, and other psychological impacts of your injury.

• Loss of enjoyment of life: When your injuries prevent you from participating in the activities and hobbies that once brought you joy.

• Disfigurement and scarring: Permanent physical changes that affect your self-image and how the world perceives you.

• Loss of consortium: Damages your spouse can recover for the impact your injuries have had on your relationship.

Punitive damages

In cases where a manufacturer's conduct was especially reckless or egregious — knowingly selling a dangerous product, concealing defects, or ignoring safety warnings — Texas law allows for punitive damages on top of your compensatory recovery. Punitive damages aren't about making you whole. They're about punishing the defendant and sending a message that this kind of conduct has real consequences.

Insurance companies will fight hard to keep every one of these categories as small as possible. That's exactly why having We Fight Giants in your corner matters. We don't leave damages on the table.

How to win a product liability lawsuit?

Winning a product liability case isn't just about proving a product was defective. It's about building a case so airtight that the corporate giants on the other side have nowhere to hide. 

Here's what it takes — and how We Fight Giants delivers.

Establish that the product was defective

The foundation of every product liability case is proving that a defect existed. That means demonstrating a flaw in the design, a problem during manufacturing, or a failure to warn consumers about known risks. 

Failure to warn claims are more common than most people realize — companies routinely downplay or omit critical safety information to protect their sales. We work with industry experts, engineers, and medical specialists to identify and document defects in a way that holds up against corporate defense teams and juries alike.

Prove the defect caused your injury

It's not enough to show the product was defective. You have to connect that defect directly to your harm. Corporate defendants will argue your injuries were pre-existing, that you misused the product, or that something else caused your harm. Our team conducts independent investigations, secures expert testimony, and builds a timeline of causation that leaves no room for doubt.

Identify every responsible party

Liability in a product liability case can extend far beyond the manufacturer. Distributors, retailers, importers, and installers can all share responsibility. Most firms stop at the most obvious defendant. We dig deeper because every additional party we hold accountable strengthens your case and maximizes your recovery.

Be prepared to go to trial

This is where most firms fall short. Insurance companies and corporate defendants keep detailed records of which attorneys actually take cases to trial and which ones always settle. 

Mark Thiessen is a top-rated Houston product liability lawyer with a track record of taking powerful opponents to court and winning. When the other side sees Thiessen Law Firm on a filing, they know the calculus is different — and that reputation alone changes what they're willing to put on the table.

Don't wait to get started

Evidence disappears, witnesses become harder to locate, and Texas law imposes strict statutes of limitations on product liability claims. The sooner you get Thiessen Law Firm involved, the stronger your case will be.

When a defective product costs you everything, we make sure it costs the giants too.

The corporations responsible for your injuries are not going to volunteer fair compensation. They are going to minimize, delay, and deny until you either give up or accept whatever scraps they put on the table. At We Fight Giants, we exist to make sure that doesn't happen.

Our notable victories speak for themselves. We have gone up against some of the most powerful opponents in Texas and walked away with life-changing results for our clients. This is because we treat every case as if it's going to trial and every client as if their future depends on the outcome…it does.

When you need a Houston product liability lawyer who isn't afraid to take the fight all the way, Thiessen Law Firm is ready. Call (713) 864-9000 or contact us online for a free consultation today. The giants have had their head start. It's time to fight back.