Texas Defective Product Attorneys

Statute of Limitations

2 years

2 years from injury (CPRC § 16.003); discovery rule applies.

Statute of Repose

15 years

15 years from sale (CPRC § 16.012) — limited application; exempted if manufacturer’s warranty extends beyond 15 years; latent-disease/asbestos exceptions.

Strict Liability Standard

McKisson v. Sales

McKisson v. Sales Affiliates (1967) — § 402A strict liability; Caterpillar v. Shears applies risk-utility for design defects.

Comparative Fault Rule

51%

Modified comparative fault, 51% bar (CPRC § 33.001).

Products Liability Statute

CPRC Chapter

Texas CPRC Chapter 82 — products liability code with FDA-compliance and government-standards rebuttable presumptions; manufacturer indemnity to sellers.

Typical attorney fee

33%

33%–40% contingency — no fee unless you win

Texas codified products liability at Chapter 82 of the Texas Civil Practice and Remedies Code (CPRC § 82.001 et seq.). The Texas Supreme Court adopted strict liability in McKisson v. Sales Affiliates (1967) and applies risk-utility for design defects (Caterpillar Inc. v. Shears). Chapter 82 includes powerful defense levers: rebuttable presumption of non-defect for products meeting FDA standards (§ 82.007) or government safety standards (§ 82.008), and manufacturer indemnity obligations to non-manufacturer sellers (§ 82.002). Texas is a modified comparative fault state with a 51% bar under CPRC § 33.001. The 2-year statute of limitations runs under CPRC § 16.003. Texas has a 15-year statute of repose for products under CPRC § 16.012 (limited to certain industries — products with manufacturer’s warranty exceeding 15 years are excluded). Houston is a major MDL venue with significant pharma, oilfield, and industrial dockets.