Austin Product Liability Attorneys

Product liability is the area of law that holds manufacturers, distributors, and retailers legally responsible when a defective product injures a consumer. In Texas, product liability claims are governed primarily by Chapter 82 of the Texas Civil Practice and Remedies Code.

Unlike many injury claims that require proof of carelessness, most Texas product liability cases proceed under strict liability — meaning you don’t have to prove the company was negligent. You only have to prove the product was defective, the defect made it unreasonably dangerous, and the defect caused your injury.

The Three Types of Product Defects

Texas law recognizes three legal grounds for a product liability claim:

1. Design Defects — The product is dangerous because of how it was designed, even if it was manufactured exactly as intended. Under Tex. CPRC §82.005, you must show that a safer alternative design was economically and technologically feasible at the time of manufacture and would have prevented your injury.
2. Manufacturing Defects — The design is sound, but something went wrong during production, assembly, or packaging — a missing weld, contaminated medication, or a brake line installed incorrectly. The defective unit deviates from the manufacturer’s own specifications.
3. Marketing or Warning Defects (Failure to Warn) — The product lacks adequate instructions, safety warnings, or labels about non-obvious risks. A medication without warnings about dangerous drug interactions or a power tool without proper safety guards both fall under this category.

Common Product Liability Cases We Handle in Austin

Our firm handles defective product cases across nearly every category of consumer and industrial product, including:

• Defective vehicles and auto parts — failed airbags, defective tires, brake failures, unintended acceleration, seatbelt failures (often overlapping with Austin car accident and 18-wheeler accident claims)
• Defective motorcycles, helmets, and protective gear (motorcycle accident claims)
• Dangerous prescription drugs and over-the-counter medications
• Defective medical devices — hip and knee implants, pacemakers, hernia mesh, IVC filters, CPAP machines
• Industrial and construction equipment failures (frequently tied to manufacturing and workplace accidents)
• Defective household appliances — water heaters, dryers, refrigerators causing fires or explosions
• Children’s products — car seats, cribs, toys, baby formula, choking hazards
• Lithium-ion battery and e-cigarette explosions
• Defective firearms and ammunition
• Contaminated food and dietary supplements
• Dangerous chemicals, pesticides, and cleaning products

When a defective product causes a fatality, surviving family members may pursue a wrongful death claim in addition to any survival action.

Who Can Be Held Liable for a Defective Product in Texas?

Multiple parties along the supply chain may share responsibility for a dangerous product:

• Manufacturers — primary target of most claims. Under Texas law, “manufacturer” broadly includes designers, assemblers, fabricators, and anyone who places a product or component into the stream of commerce.
• Component part manufacturers — when a single defective part (an airbag inflator, a battery cell, a tire belt) caused the injury.
• Distributors and wholesalers — middle-of-chain sellers.
• Retailers — including online marketplaces and brick-and-mortar stores.

Under Tex. CPRC §82.003, non-manufacturing sellers (like a retailer) are generally not liable for harm caused by a product unless specific exceptions apply — for example, when the seller modified the product, made independent representations about safety, knew of the defect, or when the manufacturer is insolvent or beyond the court’s jurisdiction. This is one of the most technical areas of Texas product law, and getting it right requires an experienced attorney.

What Compensation Can You Recover?

A successful Austin product liability claim can compensate you for the full range of harm caused by a defective product, including:

• Past and future medical expenses (surgeries, hospitalization, rehabilitation, in-home care)
• Lost wages and loss of future earning capacity
• Physical pain and mental anguish
• Permanent disability, scarring, and disfigurement
• Loss of enjoyment of life and loss of consortium
• Property damage caused by the defective product
• Wrongful death damages and survival action damages for surviving family
• Punitive (exemplary) damages in cases involving gross negligence, fraud, or malice — typically capped under Tex. CPRC §41.008

We work with leading engineers, medical experts, economists, and life-care planners to ensure every category of harm is properly documented and valued.

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

You generally have two years from the date of injury to file a product liability lawsuit in Texas. This is the personal-injury statute of limitations under Tex. CPRC §16.003. Missing this deadline almost always means losing your right to recover — permanently.

There are critical exceptions:

• Discovery rule — for latent injuries (a slow-developing illness from a drug or implant, for example), the clock may not start until you knew or should have known of the injury and its likely cause.
• Statute of repose — Texas also imposes a 15-year statute of repose under Tex. CPRC §16.012 for certain manufacturing equipment and products. After 15 years from the date of sale, claims may be barred even if your injury just occurred.
• Wrongful death — surviving family members generally have two years from the date of death.
• Minors — the limitations clock typically does not run during a child’s minority.

These rules are tricky. The safest course is to contact an attorney as soon as you suspect a defective product caused your injury.

How Texas Comparative Fault Affects Your Claim

Texas follows a modified comparative fault rule under Tex. CPRC §33.001. If you are found partially responsible for your injuries — for example, by misusing a product — your recovery is reduced by your percentage of fault.

If your share of fault exceeds 50%, you recover nothing. This is why manufacturers and their insurers fight hard to shift blame onto victims. Documenting how the product was used as intended, preserving the defective item, and getting expert testimony early are essential to defending your share of liability.

The Product Liability Legal Process — What to Expect

Defective product cases are technical, expert-heavy, and often hard-fought. Here’s how the process typically unfolds:

1. Free Case Evaluation. We review the facts, the product, your injuries, medical records, and any recall history. There is no charge and no obligation.
2. Investigation and Product Preservation. We secure the defective product as evidence (do not discard it), photograph the scene, gather witnesses, and request internal records, design files, and similar-incident reports from the manufacturer.
3. Expert Retention. We engage engineers, biomechanics specialists, toxicologists, materials scientists, and medical experts to establish the defect and tie it to your injuries.
4. Filing the Lawsuit. Cases may be filed in Texas state district court (Travis County) or in federal court — typically the U.S. District Court for the Western District of Texas, Austin Division — when diversity jurisdiction applies. Some cases are consolidated into multidistrict litigation (MDL) alongside other plaintiffs nationwide.
5. Discovery. Both sides exchange documents, depositions are taken, and the product is tested. This is where weak cases collapse and strong ones become very strong.
6. Settlement Negotiation or Trial. Most cases settle, but only because defendants know we are fully prepared to try them. We build every case for trial from day one.

Common Injuries Caused by Defective Products

Defective products can cause virtually any type of injury, but our firm frequently represents clients suffering from:

• Traumatic brain injuries (TBI) and concussions
• Spinal cord injuries and paralysis
• Severe burns and electrocution injuries
• Amputations and crush injuries
• Internal organ damage
• Lacerations and disfiguring scars
• Chemical poisoning and toxic exposure
• Fractures and orthopedic injuries
• Loss of vision or hearing
• Cancer and other long-developing illnesses from drugs or chemicals
• Death

What to Do After You’re Injured by a Defective Product

The decisions you make in the first hours and days after a product-related injury can determine the outcome of your case. Take these steps:

1. Get medical attention immediately — and tell every provider that a product caused your injury.
2. Preserve the product — do not discard it, repair it, return it, or send it back to the manufacturer. Store it exactly as it was at the time of injury.
3. Keep packaging, receipts, instructions, and warranty paperwork.
4. Photograph everything — the product, the defect, the scene, your injuries.
5. Identify witnesses and write down what they saw.
6. Check for recalls through the Consumer Product Safety Commission, FDA recalls page, and NHTSA recall lookup — but understand that a lack of recall does not bar your claim.
7. Do not give a recorded statement to the manufacturer or its insurer without first speaking to an attorney.
8. Contact a product liability lawyer promptly to protect evidence and the statute of limitations.

Why Choose Kelley Wolff Injury Attorneys

Choosing the right firm matters more in product liability cases than in almost any other area of injury law. These cases pit individual consumers against billion-dollar corporations with armies of defense lawyers and unlimited resources. Here’s why injured Austinites trust Kelley Wolff Injury Attorneys:

• Trial-tested representation. We prepare every case as if it will go to a jury — because that’s how you get full value, in court or at the settlement table.
• Deep technical bench. We work with leading product engineers, medical specialists, and forensic experts across the country.
• Local insight, statewide reach. We know Travis County juries, Austin’s federal bench, and how to navigate complex MDLs.
• Contingency fee — no upfront cost. You pay nothing unless we recover for you.
• Personalized communication. You will speak with your attorney directly, not a case manager.
• Proven results in catastrophic injury and wrongful death claims.

Learn more about our attorneys and approach or browse our full list of Austin practice areas.

Talk to an Austin Product Liability Lawyer Today

If a dangerous or defective product has hurt you or someone you love, do not wait. Evidence disappears, witnesses move, and the statute of limitations is ticking.

Call Kelley Wolff Injury Attorneys today for a free, no-obligation consultation. You owe us nothing unless we win your case. Contact us online or call our Austin office to speak with a product liability attorney who will fight for the full recovery you deserve.