Key Takeaways: What Every Defective Product Victim Should Know
- You have two years to file a claim after a defective product injures you, but Texas may extend this deadline if you don’t discover your injury until months or years later
- Texas follows strict liability for product defects, meaning you don’t have to prove negligence. It is only when the product was defective and caused your injury.
- Three main types of defects can make products unreasonably dangerous: design flaws, manufacturing errors, and failure to warn about risks.
- Manufacturing companies and sellers can both be held liable for dangerous or defective products, from medical devices to children’s toys.
- Texas has a 15-year statute of repose limiting claims based on when the product was first sold, which may cut off your rights even if you haven’t been injured yet.
Find out if you have a valid product liability claim. Contact our experienced Houston product liability lawyers at (713) 932-0777 for a free case evaluation with no obligation.
Why Choose Simmons & Fletcher After a Defective Product Injury in Houston?
At Simmons & Fletcher, we understand that dangerous or defective products can turn your life upside down. Since 1979, our Houston product liability attorneys have exclusively handled personal injury cases, fighting for victims harmed by everything from defective medical devices to unsafe children’s toys.
Our experienced team brings unmatched expertise to your product liability case:
- Board-certified trial attorney: Paul H. Cannon holds Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
- Super Lawyers recognition: Multiple attorneys recognized as Texas Super Lawyers and Rising Stars by Thomson Reuters.
- Proven results: We’ve recovered millions for clients injured by defective products across Texas.
- No upfront costs: You pay no attorney fees unless we win your case.
When you work with our Houston product liability lawyers, we will:
- Investigate your case thoroughly and preserve crucial evidence before it’s destroyed.
- Work with engineering experts and medical professionals to prove the product was defective.
- Handle all communications with manufacturers, insurance companies, and corporate legal teams.
- Fight for maximum compensation covering medical bills, lost wages, pain and suffering, and future damages.
- Take your case to trial if a fair settlement cannot be reached.
Speak with a product liability attorney today at (713) 932-0777. We serve clients throughout Houston, Harris County, and all of Texas with compassionate, aggressive representation.
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Categories of Defective Products
Deaths, injuries, and property damage from consumer product-related incidents cost the nation more than $1 trillion annually, according to the U.S. Consumer Product Safety Commission. This staggering figure underscores why holding manufacturers accountable for dangerous products is crucial to protecting consumers.
Consumer Goods, Auto Parts & Appliances
Everyday products can become unreasonably dangerous when manufacturers cut corners or ignore safety standards. According to NHTSA data on recalls in 2023, 1,000 recalls were issued in just one year for vehicles, car seats, tires, RVs and other equipment. Nearly 35 million vehicles were recalled that same year, highlighting how widespread product defects have become.
That is why our lawyers represent clients injured by:
- Household appliances: Exploding microwaves, defective washing machines, and power tools with design flaws;
- Children’s toys: Products with choking hazards, toxic materials, or dangerous small parts;
- Auto parts:Defective tires, airbags that fail to deploy, and brake systems with manufacturing defects;
- Electronics: Devices that overheat, catch fire, or cause electrocution due to poor product design.
Medical Devices & Pharmaceuticals
The medical industry produces some of the most dangerous defective products, often with devastating side effects. According to Sedgwick’s 2025 US State of the Nation Recall Index report, medical device recalls reached a four-year high in 2024, with 1,059 events recorded. The sector saw an 8.6% increase in recall over previous years, showing an overall increasing trend.
Our experience in this field includes:
- Hip implants: Metal-on-metal devices that corrode and release toxic particles;
- Hernia mesh: Surgical mesh that erodes organs or fails to heal properly;
- Dangerous medications: Prescription drugs with undisclosed side effects or contamination like Valsartan;
- CPAP machines: Sleep apnea devices that release toxic foam particles.
Manufacturing defects in medical devices can cause life-threatening complications requiring emergency surgery, ongoing medical treatment, and permanent disability.
Theories of Liability in Product Cases
Texas product liability law allows injured victims to pursue compensation under several legal theories, depending on how the product was defective and caused harm.
Design Defects
A product has a design defect when its fundamental design makes it unreasonably dangerous, even when manufactured correctly. To prove a design defect claim, we must show:
- The product design created an unreasonable risk of harm;
- A safer alternative design was economically feasible;
- The alternative design would have maintained the product’s utility while reducing danger.
Examples include SUVs with high rollover risk, power tools without proper guards, and children’s products with inherent safety flaws.
Manufacturing Defects
Manufacturing defects occur when a product deviates from its intended design during production. These defects make individual products dangerous even when the overall design is safe. Common manufacturing defects include:
- Contaminated medications or baby formula;
- Auto parts with metal fatigue or improper assembly;
- Medical devices with coating defects or dimensional errors;
- Electronics with faulty wiring or component failures.
Unlike design defects, manufacturing defects don’t affect every product, only those with production errors.
Failure to Warn & Marketing Defects
Products can be defective if manufacturers fail to provide adequate warnings about risks or proper instructions for safe use. Marketing defects often involve:
- Inadequate warnings: Failure to disclose serious side effects or cancer risks;
- Missing instructions: Products that require specific handling to avoid injury;
- Misleading marketing: Claims that make dangerous products appear safe.
Recent examples include Juul e-cigarettes marketed without nicotine warnings and Paraquat herbicide sold without adequate Parkinson’s disease warnings.
Steps After a Product-Related Injury
Taking the right steps after a defective product injures you can preserve crucial evidence and protect your legal rights under Texas product liability law.
Preserving the Defective Item & Documentation
Don’t throw away the defective item, even if it’s damaged. The physical product is often the most important evidence in your case.
Preserve all related materials:
- Original packaging, boxes, and containers;
- Instruction manuals and warning labels;
- Purchase receipts and warranty information;
- Photos of the product, packaging, and your injuries;
- Any recall notices or safety warnings you received.
Seeking Medical Attention & Reporting the Issue
Get immediate medical care. Even seemingly minor injuries can become serious complications. Medical records create an official timeline linking your injury to the defective product.
Report the incident:
- Contact the Consumer Product Safety Commission (CPSC) for consumer goods, which has jurisdiction over more than 15,000 kinds of consumer products;
- Report medical device problems to the FDA;
- File reports with the manufacturer or retailer;
- Document all communications and save copies of reports
Request your case review now. Our Houston defective product lawyers will preserve evidence and protect your rights while you focus on recovery.
Proving Your Product Liability Claim
Successfully proving a product liability lawsuit requires demonstrating that the product was defective and that defect directly caused your injuries and damages.
Expert Testimony & Engineering Analysis
Product liability cases almost always require expert witnesses to prove technical defects and causation:
- Engineering experts analyze product design, manufacturing processes, and failure modes to identify how the product was defective;
- Medical experts connect your injuries to the product defect and explain the extent of harm caused;
- Industry experts testify about safety standards, testing protocols, and what reasonable manufacturers should have done differently.
Recalls & Regulatory Violations
Product recalls and regulatory violations provide powerful evidence of defects. Manufacturers who determine that a product or piece of original equipment either contains a safety defect or is not in compliance with Federal safety standards are required to notify NHTSA within 5 business days. Similarly, FDA receives hundreds of thousands of safety-related reports annually from manufacturers, hospitals, clinicians, patients, and others concerning malfunctions, injuries, death, and other medical device-related adverse events.
Recalls issued after your injury can still support your liability claim by proving the manufacturer knew about the dangerous defect.
Damages & Compensation in Product Cases
Victims of defective products can recover both economic and non-economic damages when we successfully prove the manufacturer’s or seller’s liability.
Medical Bills & Lost Wages
Economic damages cover your financial losses:
- Medical expenses: All treatment costs including emergency care, surgery, rehabilitation, and future medical needs;
- Lost income: Wages lost due to time off work and reduced earning capacity;
- Property damage: Damage to your home, vehicle, or other property caused by the defective product;
- Additional costs: Transportation to medical appointments, home modifications, and assistive devices.
Pain, Suffering & Punitive Damages
Non-economic damages compensate for intangible losses:
- Pain and suffering: Physical discomfort and emotional distress from your injuries;
- Mental anguish: Anxiety, depression, and trauma resulting from the accident;
- Loss of enjoyment: Inability to participate in activities you previously enjoyed;
- Disfigurement and disability: Permanent changes to your appearance or abilities.
Punitive damages may be available in cases where the manufacturer’s conduct was particularly reckless or malicious. These damages are designed to punish wrongdoers and deter similar behavior in the future.
How Much Is My Houston Product Liability Case Worth?
The value of your product liability claim depends on several factors unique to your situation. Our Houston defective product lawyers evaluate cases based on:
- Injury severity and permanence: Catastrophic injuries requiring lifetime care typically result in higher compensation than temporary injuries;
- Medical expenses: Both past and future medical bills, including surgery, rehabilitation, medications, and assistive devices;
- Lost earning capacity: How your injuries affect your ability to work and earn income over your lifetime;
- Product defect type: Cases involving willful concealment of dangers or gross negligence may qualify for punitive damages;
- Manufacturer resources: Large corporations typically have more insurance coverage and assets available for settlements;
- Strength of evidence: Clear proof of defect and causation generally leads to better outcomes.
While every case is different, our experienced product liability attorneys have recovered substantial compensation for clients injured by dangerous or defective products throughout Texas.
Find out what your product liability case could be worth. Contact us today for a free, confidential evaluation of your potential claim.
Deadlines for Filing Product Claims
Texas product liability cases are subject to strict deadlines that can bar your right to compensation if missed. Understanding these time limits is crucial for protecting your legal rights.
Statutes of Repose & Limitations
Texas has both statutes of limitations and statutes of repose for product liability cases under Chapter 16 of the Texas Civil Practice and Remedies Code:
- Statute of Limitations: Generally two years from the date of injury to file a product liability lawsuit under Section 16.003.
- Statute of Repose: Bars claims filed more than 15 years after the date of the sale of the product by the defendant. However, this doesn’t apply if the manufacturer expressly warranted the product for a longer period.
Tolling for Discovery of Defects
In some cases, the statute of limitations may be extended under the discovery rule:
- When injuries from defective products aren’t immediately apparent (like disease from toxic exposure), and symptoms didn’t manifest themselves to put a reasonable person on notice before the 15-year deadline;
- When the defect is concealed or not discoverable through reasonable diligence;
- For injuries to minors, the statute may be extended until they reach age 18.
Because these deadline rules are complex and case-specific, it’s essential to consult with experienced product liability attorneys as soon as possible after discovering your injury.
Don’t let deadlines destroy your case. Contact our Houston product liability lawyers immediately to ensure your rights are protected.
Related Resources
- Defective Drug and Pharmaceutical Lawyers: Learn about product liability claims involving dangerous medications and pharmaceutical defects.
- Defective Medical Device Lawyers: Understand your legal options when medical implants and devices cause serious injuries.
- Elmiron Lawsuit Lawyers: Discover how Elmiron may cause serious vision problems and retinal damage.
- Exactech Shoulder Implant Lawyers: Learn about defective shoulder replacement systems and oxidation problems.
- Firefighting Foam AFFF Cancer Lawyers: Understand PFAS contamination claims and firefighter cancer lawsuits.
- PFAS Cancer Lawyers: Read about “forever chemicals” exposure and cancer risk litigation.
- Medical Malpractice and Catastrophic Injuries: Explore claims involving severe injuries and medical errors that change lives forever.
- Wrong Prescription Lawsuits: Learn about pharmacy errors and medication mistakes that cause serious harm.
Product Liability FAQs
What If I No Longer Have the Defective Product?
While having the actual defective product strengthens your case significantly, you may still have a valid product liability claim without it. Our attorneys can work with other evidence including medical records, photographs, purchase receipts, similar products, and expert testimony to prove your case. However, it’s always best to preserve the product if possible, as it provides the most direct evidence of the defect.
Can I Join a Class Action Instead of Filing Alone?
Whether you should join a class action or file an individual product liability lawsuit depends on your specific circumstances. Class actions work well for cases involving widespread harm with similar damages, but individual lawsuits often result in higher compensation for seriously injured victims. Our Houston product liability attorneys will analyze your situation and recommend the best legal strategy for maximizing your recovery.
Do I Need Expert Witnesses?
Most product liability cases require expert testimony to prove the product was defective and caused your injuries. Our law firm works with qualified experts in engineering, medicine, and other relevant fields to build strong evidence for your claim. These experts can explain complex technical issues to judges and juries, making them essential for successful product liability litigation.
