Texas Statute of Limitations for Defective Products
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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A product defect can turn any ordinary household item into a potentially life-threatening object. Although the law does provide a person injured by a defective product some recourse, timely filing the case in a proper court is essential.
Because of this, the Texas statute of limitations for defective products allows manufactures and designers to wiggle out of liability for placing these products into the stream of commerce if the injured party waits too long in seeking a lawsuit. This is a quick summary of the statute of limitations for defective products in Texas.
Remembering to File Under Texas Statute of Limitations for Defective Products
The clock for a defective products claim in Texas usually starts to tick when the injury occurs. However, there are certain situations where the statute of limitations may be tolled to a time where the party should have known that the injury took place. In either situation, it is paramount that the injured party keeps track of the date of injury to make sure they can still file a lawsuit.
The following table outlines the specifics of the Texas statute of limitations for defective products.
| Code Sections | Texas Statutes - §16.003: Two-Year Limitations Period |
Products Liability Claim |
Texas laws states that a "products liability action" is any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product whether the action is based in strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories. |
Statute of Limitations |
Under Texas statute of limitations, a person must bring suit for personal injury not later than two years after the day the cause of action accrues. |
When the Clock Starts Running |
Typically, a cause of action accrues when a wrongful act causes some legal injury. In some types of cases, the discovery rule may defer accrual of a cause of action until the plaintiff knew or, by exercising reasonable diligence, should have known of the facts giving rise to a cause of action. |
If you have been injured by a defective product and are concerned about the Texas statute of limitations for defective products, you can contact a Texas product liability lawyer through FindLaw. Visit FindLaw's sections on statute of limitations and product liability for more articles and information on this topic.
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