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Product Liability Attorney

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Hurt by a defective product? Call (210) 996-2237 for a free consultation with Caquias Law Group, PLLC. Se habla español.

After a Product Injury

Product Liability

If a product hurt you or a family member: keep the product and its packaging, and do not repair, return, or throw it away. Save the receipt, manual, and any warnings. Take photos of the product and your injuries, and write down where and when you bought it. The product itself is often the most important evidence.

Products We Handle

Caquias Law Group, PLLC handles injury and wrongful death claims involving:

  • Vehicle parts, tires, airbags, and seat belts
  • Elevators and escalators. See our article on elevator and escalator injuries in Texas.
  • Gas station equipment, such as fuel dispensers, hoses, and nozzles
  • Tools, ladders, and industrial and oil field equipment
  • Household appliances, pressure cookers, and batteries
  • Vape pens and e-cigarettes
  • Children’s products and furniture
  • Medical devices
  • Herbal and dietary supplements

The Three Types of Product Defects

Under Texas law, a product may be unreasonably dangerous because of a defect in its manufacturing, design, or marketing (American Tobacco Co. v. Grinnell, 951 S.W.2d 420 (Tex. 1997)):

  • Manufacturing defect. The product left the factory different from its intended design, such as a cracked part or a contaminated batch.
  • Design defect. The design itself is dangerous. The injured person must prove that a safer alternative design existed and that the defect was a producing cause of the injury. A safer alternative design is one that would have prevented or significantly reduced the risk without substantially impairing the product’s usefulness, and that was economically and technologically feasible when the product left the manufacturer or seller (Tex. Civ. Prac. & Rem. Code § 82.005).
  • Marketing defect. The product lacked adequate warnings or instructions. A failure to warn of a product’s dangers, when warnings are required, is a type of marketing defect (Grinnell).

Who May Be Responsible

The manufacturer is usually the main defendant. A store or other seller that did not make the product is generally not liable unless one of the exceptions in Texas law applies. These include when the seller:

  • helped design the product
  • altered it
  • installed it on another product
  • controlled the warning
  • made an incorrect factual statement about it that the buyer relied on
  • actually knew of the defect

A seller may also be liable when the manufacturer is insolvent or cannot be brought into a Texas court (Tex. Civ. Prac. & Rem. Code § 82.003).

Deadlines

  • Two-year deadline. Most injury claims must be filed within two years (Tex. Civ. Prac. & Rem. Code § 16.003).
  • Fifteen-year limit. A products liability claim generally must be filed within 15 years after the defendant sold the product. There are exceptions, such as a written warranty of a longer safe life, and certain diseases from exposures whose symptoms did not appear within the 15 years (Tex. Civ. Prac. & Rem. Code § 16.012).
  • Shared fault. If you are found more than 50 percent responsible, you cannot recover. Otherwise your recovery is reduced by your percentage of fault (§§ 33.001, 33.012).

When a product causes a death, the family may have a wrongful death claim. For equipment failures at work, see our construction and oil field pages.

Talk With Caquias Law Group, PLLC

If you or a family member was hurt by a defective product in San Antonio, Harlingen, or the Rio Grande Valley, call (210) 996-2237 (San Antonio) or (956) 435-7789 (Harlingen) for a free consultation. No fee unless you win.*

Contact Caquias Law Group, PLLC

A free consultation with 5-Star Rated Caquias Law Group, PLLC is as easy as filling out the form below.

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Awards & Accolades

10 Best Attorney 2027 for Client Satisfaction, American Institute of Personal Injury Attorneys
10 Best Attorney 2026 for Client Satisfaction, American Institute of Personal Injury Attorneys
Attorney providing legal services for injury and accident cases in South Texas.
Avvo-Review
rising stars
Best Truck Accident Lawyers in San Antonio TX
The National Top 40 Trial Lawyers
top 10 Trial Lawyers San Antonio
Best 10 attoney client satisfactory

FREQUENTLY ASKED QUESTIONS

Questions about your case?

Whether it be a personal injury, slip and fall accident, car accident, or other type of serious injury, it can leave you with many questions regarding the cause of your accident and your legal options. We want to help explain the basics of personal injury law and how our legal team can help you. To do this, we have put together the following list of frequently asked questions:

What types of damage can be compensated in a product injury or other damage claim?

Compensation may cover medical expenses, lost income, pain and suffering, emotional distress, and, in some cases, punitive damages.

Can I submit a claim if I was not the product’s owner?

Possibly. Texas product liability law can allow people harmed by a defective product to bring a claim even if they did not own it, such as a user or a bystander. Whether you can bring a claim depends on the facts.

How long do I have to file a product liability claim?

Texas law generally allows two years for product injury claims.

What about chemical or toxic exposure cases?

Yes, toxic exposure cases are part of personal injury law. Examples include benzene exposure, contaminated water, dangerous consumer products, vaping-related injuries, and product liability such as defective food or vehicles.

What factors determine whether I have a valid personal injury claim?

In Texas, a negligence claim generally requires duty, breach of duty, causation, and damages. If you have documented damages caused by someone else’s negligence, you may have a claim. Other factors also matter, including filing deadlines, how fault is divided among the parties, and the insurance coverage available.

Free Consultation

Our team is ready to provide guidance.

About Caquias Law

Client oriented personal injury law firm serving injury victims (Car Crash, Truck Crash, Wrongful Death and those injured by someone else's fault) across Texas.

Abogados de lesiones personales, accidentes automovilisticos, y muerte injusta. Hablamos Espanol. Consulta Gratis por lesiones personales. Si resultaron heridos en un accidente de vehículo con motor, un accidente de trabajo o necesita ayuda con una reclamación de responsabilidad local, estaremos allí para usted.

Hours

Monday
08:30AM - 05:30PM
Tuesday
08:30AM - 05:30PM
Wednesday
08:30AM - 05:30PM
Thursday
08:30AM - 05:30PM
Friday
08:30AM - 05:30PM
Saturday
By Appointment Only
Sunday
CLOSED

Contact Us

Caquias Law Group, PLLC
110 East Houston Street, 7th Floor
San Antonio, TX 78205
San Antonio
(210) 996-2237
Se Habla Espanol
Caquias Law Group, PLLC
323 E Jackson Ave Suite C
Harlingen, TX 78550
Rio Grande Valley
(956) 435-7789
Se Habla Espanol
Caquias Law Group, PLLC logo

Website Disclaimer

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Caquias Law Group, PLLC via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. Past results and client testimonials do not guarantee a similar outcome; each case is different. Read More

 
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