If you are hurt by a product, Texas product liability law may allow you to hold the manufacturer responsible for the harm you suffered. However, there is a little-known law that cuts off your right to compensation, even without realizing it. Texas has a 15-year statute of repose for these types of cases. If 15 years have passed, you may be without the right to seek compensation, depending on the circumstances.
At Griffin Law Group, LLC, our dedicated Texas personal injury lawyers are here to help. Our team is highly experienced in product liability law and when your claim is still valid. Have questions? We’re here to help.
What the 15‑Year Statute of Repose Means for Your Claim
Texas law sets a firm outer limit on product liability lawsuits. Unlike a statute of limitations, which starts when you are injured, a statute of repose starts when the product is first sold. After 15 years, most product liability claims are barred, no matter when the injury occurred.
This rule applies to nearly all types of consumer and commercial products, including:
- Vehicles and automotive parts
- Household appliances
- Power tools and industrial equipment
- Medical devices
- Children’s products and toys
- Electronics and batteries
If the product was first sold more than 15 years before your injury, the manufacturer may argue that your claim is automatically invalid. Many Texans never learn about this deadline until they try to file a claim and discover it is too late.
Why This Deadline Catches People Off Guard
Most consumers have no reason to track the age of the products they use every day. You may not know when a particular product was originally sold or manufactured. Even if you bought the product recently, the product’s first sale could have been many years ago.
This creates a trap for many injured Texans:
- You may buy a product secondhand.
- You may use a product for years without knowing its original sale date.
- You may be injured by a component part that is older than the product itself.
Because manufacturers often fight these claims aggressively, determining the product’s age quickly is critical.
Exceptions That May Allow Your Claim to Proceed
There are several exceptions that might keep the claim going, even if the product is over 15 years old.
1. Express Manufacturer Warranties
If there is an express warranty that goes beyond 15 years, the statute of repose won’t apply until that warranty period ends.
2. Latent Diseases
If the product caused a disease, and that disease doesn’t show up for many years, this may extend the deadline to file.
3. Products Replaced or Re‑Sold by the Manufacturer
If the manufacturer ultimately replaced the product, or resold it, the clock may start over.
Why Acting Quickly Matters After a Defective Product Injury
Even if you believe the product is less than 15 years old, waiting too long can jeopardize your case. Product liability claims often require:
- Technical inspections
- Expert analysis
- Preservation of the defective product
- Retrieval of manufacturing and sales records
What to Do If You Think a Defective Product Caused Your Injury
If a defective product caused your injuries, these steps might help protect your claim:
- Preserve the product exactly as it is
- Gather receipts, packaging, or serial numbers
- Document your injuries
- Document all medical treatment.
- Avoid throwing away related items
- Consult a product liability attorney right away
Texas product liability law is complex, and the statute of repose can shut down a claim before it ever gets started. But many injured Texans still have options, especially when exceptions apply or when the product’s age is unclear.
Schedule a Consultation About Your Defective Product Injury in Texas
If you were hurt by a defective product, you could be owed substantial compensation from the manufacturer, or other liable party. Knowing when your right exists is critical, and we can help you figure it out.
Consult a Texas personal injury attorney at Griffin Law Group, LLC for help. Contact us today for a consultation of your case.