If a product you bought hurt you or someone in your family, you may have more legal options than you realize. Product liability cases are some of the most technically demanding personal injury claims out there — and in Texas, the rules around who can be held responsible, and how, are specific enough that going it alone rarely ends well for injured people. At Malone Injury Lawyers, we work with people in Lubbock and across Texas who have been harmed by defective products, and we’ve seen firsthand how much difference it makes to have an attorney who knows this area of law.
This 2026 guide breaks down exactly what a product liability attorney does — from the first call through resolution — so you know what to expect and whether you need one.
What Product Liability Actually Means Under Texas Law?
Product liability is a branch of personal injury law that holds manufacturers, distributors, and sellers responsible when a product causes harm. Under Texas law, specifically the Texas Products Liability Act (codified in Chapter 82 of the Texas Civil Practice and Remedies Code), an injured person can pursue a claim against any seller in the product’s distribution chain — not just the original manufacturer. That’s a meaningful distinction. If a retailer in Lubbock sold you a defective power tool, that retailer may share liability even if they didn’t make it.
Texas recognizes three main types of product defects, as outlined by Cornell Law School’s Legal Information Institute:
– Manufacturing defects — Something went wrong during the production process, so that specific unit left the factory in a dangerous condition.
– Design defects — The entire product line is inherently unsafe, even when built exactly as intended.
– Marketing defects — The product lacked adequate warnings or instructions, leaving users unaware of real risks.
A product liability attorney’s job starts with figuring out which type of defect applies to your situation — or whether multiple types are involved — because each one requires different evidence and a different legal strategy.
The First Step: Case Evaluation and Investigation
When you bring a product liability claim to an attorney, the first thing they do is investigate. This is not a quick conversation. A proper investigation means gathering the actual product, studying the injury, researching the manufacturer’s history, and pulling together anything that documents what happened.
Your attorney will want the product itself if you still have it. Do not throw it away. Do not repair it. Keep everything in the condition it was in at the time of the injury. Packaging, receipts, instruction manuals, and warranty documentation all matter. If the product is something that could be serviced or modified over time — like a vehicle part or a piece of farm equipment — the maintenance history becomes relevant too.
In Lubbock, we see a fair number of cases involving agricultural equipment, oilfield tools, and consumer goods sold through big-box retailers. Those product categories each come with their own documentation trails and regulatory history. A product liability attorney knows where to look and what records to request early, before evidence disappears or witnesses’ memories fade.
FindLaw notes that product liability claims often require expert witnesses — engineers, medical professionals, or industry specialists — to explain how a defect caused the specific injury. Your attorney’s job includes identifying those experts, retaining them, and preparing them to support your case.
Building the Legal Theory
Once the investigation produces enough facts, your attorney builds a legal theory — essentially the argument for why the defendant is responsible and what damages you’re owed.
Texas applies a modified comparative fault rule under Section 33.001 of the Civil Practice and Remedies Code. If you are found to be more than 50 percent at fault for your own injury, you cannot recover damages. Below that threshold, your damages are reduced by your percentage of fault. Defense attorneys in product liability cases often argue that the injured person misused the product or ignored warnings. Your attorney’s job is to counter those arguments with evidence.
There’s also the question of strict liability versus negligence. Texas allows product liability claims under both theories, as explained by Justia. Under strict liability, you don’t have to prove the manufacturer was careless — only that the product was defective and that the defect caused your injury. Negligence claims require showing the defendant failed to exercise reasonable care. Your attorney decides which theory, or combination of theories, gives you the strongest path forward.
Dealing with Manufacturers and Insurance Companies
Large manufacturers are not small operations. They have legal teams and insurance carriers whose job is to minimize payouts. When a product liability claim gets filed, those parties start working immediately to build a defense or lowball a settlement.
Your attorney serves as your counterweight. They handle all communications with the defense. They respond to discovery requests, take depositions, and push back when the other side tries tactics designed to wear you down or confuse the facts.
One tactic that comes up often in product liability cases is challenging causation — arguing that the product didn’t actually cause the injury, or that a pre-existing condition was really to blame. An experienced product liability attorney anticipates this and builds the medical and expert record needed to connect the defect to your specific harm. The American Bar Association has published guidance on how product liability litigation typically unfolds, and causation disputes are consistently among the most contested issues.
Calculating What Your Claim Is Worth
A product liability attorney doesn’t just get you a settlement — they work to get you a fair one. That requires accurately calculating damages, which in Texas can include:
– Medical bills, past and future
– Lost wages and reduced earning capacity
– Physical pain and mental anguish
– Disfigurement and physical impairment
– Out-of-pocket costs tied to the injury
In cases involving gross negligence — where a manufacturer knew about a danger and sold the product anyway — Texas law also allows for exemplary (punitive) damages under Chapter 41 of the Civil Practice and Remedies Code. These don’t apply in every case, but your attorney evaluates whether the facts support pursuing them.
Undervaluing a claim is a real risk when people handle these cases without legal representation. Medical costs alone can be complicated to project when an injury requires ongoing treatment. Future lost earnings involve economic modeling. Your attorney works with the right professionals to make sure nothing gets left on the table.
Timeline and the Texas Statute of Limitations
In Texas, you generally have two years from the date of injury to file a product liability lawsuit. This deadline comes from Section 16.003 of the Texas Civil Practice and Remedies Code. Miss it, and you lose your right to sue — no exceptions for most circumstances.
Two years sounds like a long time, but product liability cases require significant preparation. Expert witnesses need time to review the evidence. Discovery takes months. If your attorney needs to file a lawsuit to preserve your rights while negotiations continue, they need lead time to do it properly. Starting early matters.
If the injury involved a workplace accident — say, a defective piece of equipment on a job site — there may be additional claims to consider alongside the product liability case, including workers’ compensation. A product liability attorney will spot those overlaps and advise you on all of them.
When Product Liability and Other Claims Overlap?
Product defects don’t always happen in isolation. A tire blowout caused by a manufacturing defect could lead to a crash that involves claims against a third-party driver as well. A defective medical device might create grounds for both a product liability claim and a claim against a healthcare provider. Wrongful death cases sometimes arise when defective products kill someone — and those follow a slightly different procedural path under Texas law.
Your product liability attorney’s role is to identify all viable claims and pursue them together so nothing is waived or forgotten. This coordination is one of the most practically valuable things an attorney brings to a complex case.
What Makes a Product Liability Attorney Different from a General Personal Injury Lawyer?
Not every personal injury attorney handles product liability cases with the same depth. These cases demand familiarity with technical evidence, supply chain law, regulatory compliance standards, and the discovery process in commercial litigation. They also require relationships with credible expert witnesses.
Learn more about our team and the experience we bring to these cases. Valeri Malone has worked directly with product liability clients and understands what it takes to go up against well-funded defendants in Texas courts.
Take the Next Step
If a defective product hurt you or someone you care about, the sooner you act, the better your position. Evidence gets preserved. Witnesses remain accessible. And you give your attorney the time needed to build a case that actually holds up.
Malone Injury Lawyers handles product liability cases for clients throughout Texas. Our Lubbock office is located at 3206 140th St #200, Lubbock, TX 79423, United States. Call us at (806)-642-6001 to talk through your situation with no obligation. You can also contact us online to schedule a consultation at a time that works for you.
