If an item you bought at the store ends up causing an injury to you or a loved one, you might expect the retailer who sold it to bear responsibility. However, the transaction alone does not determine whether Texas law allows a claim against the store.
Establishing the seller’s liability
A retailer that merely sold the product, without making it, generally cannot be held liable under Texas law unless one of several statutory exceptions returns responsibility to the seller. These can include:
- The retailer participated in the product’s design
- The retailer altered or modified the item, and that change caused your injury
- The retailer installed the product or had it installed on another item, and that work harmed you
- The retailer exercised substantial control over the content of an inadequate warning or instruction, and that deficiency caused your injury
An applicable exception allows you to pursue the retailer, but you still need to connect the defect to your injury and losses.
Proving the defect’s harm
The evidence required depends on what went wrong with the item. Texas law recognizes three categories:
- A manufacturing defect occurs when a production mistake leaves one unit different from the manufacturer’s specifications and unsafe
- A design defect occurs when the product remains dangerous even though the manufacturer builds it correctly
- A marketing defect occurs when the warnings or instructions do not clearly explain the risks of using the item
For a design-defect claim, Texas generally requires you to show that a safer alternative design was available. It must have been practical in terms of cost and technology when the product left the manufacturer’s or seller’s control.
Preserving your compensation claim
Prompt medical care addresses your health needs after an incident. A written account of when it occurred, how you used the item and what happened afterward captures details that could fade over time.
Financial records such as bills, wage statements and receipts can show the losses tied to the injury. When safety permits, leaving the product, packaging and instructions unchanged keeps the available evidence intact.
Texas generally allows two years to file a personal injury lawsuit after the claim accrues, often beginning on the date of injury. A separate 15-year statute of repose usually runs from the defendant’s sale of the product. A written warranty promising a longer safe life or a disease that appears after earlier exposure can affect the outer cutoff, but neither automatically extends the ordinary filing period.