Every day, people trust that the products in their homes are safe to use. That trust is reasonable, and it is protected by law. When a defective product causes a serious injury, the law provides a clear path to hold manufacturers, distributors, and retailers accountable for the harm their products cause.

At Byrd Davis Alden & Henrichson, LLP, we have been fighting for injured Texans since 1959, making us Austin’s longest-standing personal injury law firm. Our attorneys have recovered more than $100 million for our clients and carry a 98% success rate. When a dangerous or defective product has turned your life upside down, our team is ready to put our decades of trial experience to work for you.

What Makes a Product “Defective” Under the Law?

Texas law recognizes product liability claims when a product causes harm due to a defect in its design, manufacturing, or marketing. Each type of defect tells a different story about where the process broke down.

Design Defects

A design defect exists when the product is inherently unsafe even before it is manufactured. The flaw is baked into the blueprint itself, meaning every unit that rolls off the line carries the same risk. A classic example would be a power tool whose blade guard is positioned in a way that exposes the user’s fingers during normal operation.

Manufacturing Defects

A manufacturing defect occurs when the design is sound, but something goes wrong during production. A specific batch of products may have been assembled incorrectly, used substandard materials, or failed a quality check that no one caught. In these cases, not every product is dangerous, but the one that reached you was.

Marketing Defects

Marketing defects, sometimes called “failure to warn” claims, arise when a product lacks adequate instructions or safety warnings. A chemical product that does not disclose dangerous interactions with common household cleaners, for instance, can cause serious harm even if the product itself was made perfectly.

Who Can Be Held Responsible?

When a defective product causes an injury, responsibility can extend well beyond just the original manufacturer. Texas follows the doctrine of strict liability for product claims, which means an injured person does not have to prove that anyone was careless; they only need to show the product was defective and caused the harm.

Parties that may be held liable include the manufacturer that designed or built the product, the distributor that moved it through the supply chain, the retailer that placed it on the shelf, and in some cases a third-party component maker. This is especially important in cases involving defective vehicles, where multiple companies may share responsibility for a single dangerous outcome.

What Damages Can You Recover?

According to the U.S. Consumer Product Safety Commission, an estimated 34 million consumer product-related injuries are medically treated in the United States each year. The financial toll on injured victims is often enormous, and Texas law allows for recovery of a broad range of losses.

Recoverable damages in a product liability claim can include the following:

  • Medical expenses: Past and future costs of treatment, surgery, rehabilitation, and ongoing care
  • Lost income: Wages already missed, as well as reduced earning capacity going forward
  • Pain and suffering: Compensation for physical pain, emotional distress, and diminished quality of life
  • Property damage: The value of any personal property damaged or destroyed by the defective product

These categories represent the full scope of what the law allows, and each case will reflect the specific injuries and circumstances involved. In the most severe situations, such as a catastrophic injury that permanently alters a victim’s ability to work and live independently, the value of a claim can be substantial.

How Long Do You Have to File a Claim in Texas?

Texas law gives most product liability victims two years from the date of injury to file a lawsuit. This deadline is known as the statute of limitations, and courts treat it strictly. Missing it almost always results in losing the right to seek compensation entirely, regardless of how strong the underlying case may be.

There are limited exceptions that can pause or extend this window, such as cases involving minors or circumstances where the injury was not immediately discovered. In cases that result in a death, the family may have the right to pursue a wrongful death claim within two years of the date of passing. Because these timelines are unforgiving, speaking with an attorney as soon as possible after an injury is always the right move.

Contact Byrd Davis Alden & Henrichson, LLP After a Defective Product Injury

Product liability cases are among the most legally and technically demanding personal injury claims, often requiring expert witnesses, engineering analysis, and extensive discovery. The stakes are high, and so is the opposition. Manufacturers and their insurers have dedicated legal teams working from the moment a claim is filed, and having experienced trial attorneys on your side matters.

Our attorneys, Kevin Henrichson, Robert Alden, Hunter Wallen, and Carson May, have the credentials, courtroom experience, and resources to take on these cases. Byrd Davis Alden & Henrichson, LLP has earned recognition from Super Lawyers, Best Lawyers, and the Bar Register of Preeminent Lawyers, and our track record reflects the serious commitment we bring to every client we represent. If you or someone you know has been seriously hurt by a defective product, please reach out through our contact form to schedule a free consultation.