Texas Defective Product Attorneys

At DearLegal, we connect you with experienced Texas defective product attorneys who understand Chapter 82 of the Texas Civil Practice and Remedies Code, the state’s rebuttable presumptions for FDA-compliant products, and the major auto, oilfield, and pharma cases that come out of Houston, Dallas, San Antonio, and Austin. We’ll match you with the right attorney at no cost to get started.

Texas recognizes manufacturing, design (risk-utility under Caterpillar v. Shears), and failure-to-warn defects under § 402A and Chapter 82.

Manufacturing defects are unit-level. Design defects require risk-utility analysis with reasonable alternative design (CPRC § 82.005). Failure-to-warn defects mean inadequate warnings.

Yes. Texas courts impose spoliation sanctions (Brookshire Brothers v. Aldridge).

Manufacturers under § 402A and CPRC Chapter 82. Non-manufacturer sellers can be sued but are entitled to indemnity from manufacturers under CPRC § 82.002 — and can be dismissed in many cases under § 82.003.

Federal recall notices are admissible. A recall can overcome the FDA-compliance presumption (CPRC § 82.007) by showing the manufacturer concealed information.

Pre-suit offers often undervalue damages.

Texas defective product attorneys typically work on contingency — 33% to 40% of recovery.

Why Do You Need a Defective Product Attorney in Texas?

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.

When Do You Need a Defective Product Attorney in Texas?

Our network includes Texas defective product attorneys who handle every kind of case, including:

Types of Defective Product Cases in Texas

From the moment you connect with a Texas defective product attorney, they go to work protecting your claim. The most common case types we handle:

Discarding the product — fatal to the case under Brookshire Brothers

Missing the 2-year SOL under CPRC § 16.003

Failing to plead exceptions to the FDA-compliance and government-standards presumptions (CPRC §§ 82.007, 82.008)

Not pleading reasonable alternative design under CPRC § 82.005

Accepting a manufacturer settlement without independent damages workup

Missing MDL opt-out windows for Houston/SDTX-consolidated cases

Discarding the product — fatal to the case under Brookshire Brothers

Missing the 2-year SOL under CPRC § 16.003

Failing to plead exceptions to the FDA-compliance and government-standards presumptions (CPRC §§ 82.007, 82.008)

Not pleading reasonable alternative design under CPRC § 82.005

Accepting a manufacturer settlement without independent damages workup

Missing MDL opt-out windows for Houston/SDTX-consolidated cases

Common Texas Defective Product Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Texas Defective Product Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Texas defective product attorneys work on contingency — typically 33% to 40% of recovery. With Chapter 82’s FDA/government-standards presumptions, manufacturer indemnity for sellers, and exemplary-damages cap, skilled counsel is essential. Case costs are advanced by the firm.

What Can Your Texas Defective Product Compensation Include?

Economic Damages

Medical bills, future medical care, lost wages, lost earning capacity, property damage. No cap.

Non-Economic Damages

Pain and suffering, emotional distress. No general statutory cap on non-economic damages in Texas product cases (med-mal cap of $250K/$500K does not apply).

Exemplary (Punitive) Damages

Available under CPRC Chapter 41 for malice, gross negligence, or fraud (clear and convincing evidence). Capped at greater of 2x economic damages plus non-economic damages up to $750,000, OR $200,000 (CPRC § 41.008). Exceptions for intentional felonies.

Loss of Consortium

Spouse and minor children may recover under Texas common law.

Wrongful Death

Recoverable under CPRC § 71.002. Includes pecuniary loss, mental anguish, loss of companionship.

Medical Monitoring

Texas has rejected standalone medical monitoring claims without present physical injury (Norwood v. Raytheon). VERIFY current status.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Texas Defective Product Attorneys

Why Do You Need a Defective Product Attorney in Texas?

When Do You Need a Defective Product Attorney in Texas?

Types of Defective Product Cases in Texas

Common Texas Defective Product Mistakes

How Much Do Texas Defective Product Attorneys Cost?

What Can Your Texas Defective Product Compensation Include?

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