Texas Statute of Limitations for Defective Products
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed April 23, 2025
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A product defect can turn any household item into a potentially life-threatening object. Although Texas law allows relief for people who suffer an injury from a defective product, plaintiffs only have a specific amount of time to file their claim.
Every state has statutes of limitations. These laws impose time limits for filing a legal action. There are statutes of limitations for civil and criminal cases. If you need to file a personal injury claim, you have a limited time to do so.
Personal injury cases resulting from defective products are product liability cases. The companies that design, manufacture, and distribute defective products may be liable for injuries consumers suffer while using them.
Here, we’ll briefly discuss the different types of product liability cases. We’ll also explain how the statutes of limitations work for products liability action in Texas. If you suffer an injury from a defective product, hire a lawyer right away.
Types of Product Liability Claims
Product liability lawsuits involve people who are injured while using a defective product.
The three types of product defects include:
- Manufacturing defects — Products with manufacturing defects could have been safe had the defendant manufactured them correctly. The design may be perfectly safe, but the product manufacturer was negligent or knowingly made the product incorrectly.
- Design defects — In these cases, you must show that the product was inherently dangerous. It doesn’t matter how carefully the manufacturing company works; the product will be dangerous for consumers.
- Failure to warn — Some consumer products are only dangerous for specific groups of people. Or they are safe if consumers heed the manufacturer’s warnings. If these warnings don’t exist or are insufficient, the defendant may be liable for damages.
Regardless of which type of case you file, you must do so before the statute of limitations period expires. If you miss this deadline, you’ll lose your chance of pursuing damages.
How Do You Prove Your Defective Product Case?
Regardless of the type of defect a product has, the legal claim proceeds the same way. Your personal injury attorney must prove several things for you to recover damages.
First, your product liability attorney must show that a defect exists. They can attribute the defect to the company that designed the product, the company that manufactured the product, or the distributor/retailer of the product.
Second, you must prove that you suffered an injury. The best way to do this is by submitting a copy of your medical records.
Finally, your attorney must show that the defect caused your injuries.
Product liability cases are different from regular personal injury cases in that you don’t have to prove negligence. This is because the courts treat these cases as strict liability claims.
This means you don’t have to prove that the defendant did something wrong. You have to show that the defect existed and that it caused your injuries.
When Does the Statute of Limitations Begin?
The statute of limitations for defective product cases is two years and begins on the date of the injury. If you’re in a car accident on March 1, the clock starts on March 1. The courts rarely make exceptions to this rule.
One exception most states, including Texas, have is the discovery rule. If an injured person doesn’t realize they’re hurt for months (or years) after using the product, the statute of limitations may not start until they discover their injury.
Under Texas law, plaintiffs have two years from the day they discover their injury to file their claim.
Texas Statute of Limitations for Defective Products at a Glance
The following table highlights the laws creating the Texas statute of limitations for defective products.
| Code sections | Texas Statutes - §16.003: Two-year limitations period |
|---|---|
| Statute of limitations | Product liability and defective product cases fall under the umbrella of personal injury. Under the Texas statutes of limitations, a person must bring suit for personal injury within two years of the day the cause of action accrues. |
| When does the clock start? | Typically, the statute of limitations period for any cause of action begins on the date of the injury. The discovery rule may extend the statutory period until the plaintiff knew or should have known of their injury. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.
Do You Need to Hire a Texas Personal Injury Lawyer?
If you have suffered an injury while using a defective product and worry about missing the Texas statute of limitations period, immediately contact a Texas product liability lawyer for a free case evaluation. Your attorney will need time to prepare your case. You don’t want to wait until the last minute to hire a lawyer because you may risk missing the filing deadline.
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