You bought a product. You used it the way it was designed to be used. Then something went wrong — badly wrong. Maybe a faulty power tool caused a serious hand injury. Maybe a defective car part failed on a West Texas highway. Maybe a contaminated supplement landed you in the hospital. Whatever happened, you’re now dealing with medical bills, lost wages, and a company that isn’t returning your calls.
This is exactly the situation that product liability attorneys handle. But not all attorneys are equally equipped for these cases, and picking the right one in Lubbock takes more than a Google search. This guide covers what to actually look for, how Texas law shapes your options, and what steps to take before you sign anything.
Why Product Liability Cases Are Harder Than They Look?
Product liability claims aren’t like a standard slip-and-fall or rear-end collision. They involve engineers, manufacturing records, regulatory filings, and experts who can explain to a jury why a product failed. The company that made the product almost certainly has a legal team that has defended claims like yours before.
Under Texas law, product liability claims generally fall into three categories: design defects, manufacturing defects, and marketing defects (also called failure-to-warn claims). Each requires a different legal theory and a different type of evidence. According to Cornell Law School’s overview of product liability, strict liability allows an injured plaintiff to hold a manufacturer responsible even without proving negligence — but you still need to prove the product was defective and that the defect caused your injury.
Texas follows modified comparative fault rules under Chapter 33 of the Texas Civil Practice and Remedies Code. If a jury finds you were more than 50% at fault for your own injury, you can’t recover. Defense attorneys will often argue contributory fault aggressively — another reason to work with someone who knows how to push back.
What to Look for in a Product Liability Lawyer in 2026?
Trial Experience, Not Just Settlement History
Some firms settle every case because trials are expensive and uncertain. That strategy works in their favor, not yours. A product liability case against a major manufacturer often requires a lawyer willing to actually take it to trial if the settlement offer is inadequate.
Ask directly: has the attorney tried product liability cases to a verdict? Not just filed them — tried them. According to the American Bar Association, less than 5% of civil cases reach trial, but the credibility of going to trial often drives better settlements. You want someone the other side takes seriously.
Access to Expert Witnesses
Product liability cases live and die on expert testimony. You need engineers who can analyze a defective design, medical professionals who can tie the defect to your specific injuries, and sometimes economists who can calculate your long-term losses. A product liability lawyer who doesn’t have relationships with qualified experts is starting from zero on your case.
When you meet with attorneys, ask who they typically work with and whether those experts have testified in Texas courts before.
Resources to Front the Costs
These cases are expensive to build. Gathering manufacturing records, commissioning independent product testing, deposing corporate witnesses — these things cost money before you see a dime of recovery. Most reputable product liability attorneys work on contingency, meaning they front the costs and take a percentage of the settlement or verdict. But not all firms have the resources to sustain a long, hard-fought case against a well-funded defendant.
Ask the attorney directly what happens if the case takes two or three years. Can their firm sustain it?
Texas-Specific Rules You Should Know Before 2026 Expires
Texas has a two-year statute of limitations for personal injury claims, including product liability cases. That clock starts the day you were injured. Miss it, and you almost certainly lose your right to recover, regardless of how strong your case is. This deadline is firm — there are limited exceptions, but they’re narrow. Don’t assume you have more time than you do.
Texas also imposes a cap on punitive damages. Under Texas Civil Practice and Remedies Code Section 41.008, exemplary damages are generally capped at the greater of $200,000 or two times the amount of economic damages plus up to $750,000 in non-economic damages. If the company that harmed you acted with malice or gross negligence, punitive damages may be part of your case — but the cap matters when evaluating potential recovery.
One more rule worth knowing: Texas has a “seller’s exception” that can shield retailers from liability if the manufacturer is subject to Texas jurisdiction and is solvent enough to satisfy a judgment. This doesn’t eliminate claims against sellers entirely, but it can complicate strategy. A product liability attorney who regularly practices in Texas will know exactly how to handle this.
You can find more detail on Texas-specific product liability standards through Justia’s Texas law resources and FindLaw’s product liability overview.
Red Flags When Hiring a Product Liability Lawyer
Not every attorney who advertises personal injury work is prepared to handle a product defect case. Watch for these warning signs.
Vague answers about case strategy. If an attorney can’t explain the legal theory they’d pursue or the type of evidence they’d need to build your case, they may not have deep experience with product liability specifically.
No mention of experts. Any seasoned product liability lawyer will bring up expert witnesses early in the conversation. It’s central to these cases. If they don’t mention it, ask.
Pressure to sign quickly. Reputable attorneys give you time to think. Someone pushing you to sign a fee agreement the same day you walk in the door is a concern.
No track record in Texas courts. Texas has its own procedural rules and a distinct legal culture. An attorney who primarily practices in another state, or who only handles simple car accident cases, may not be the right fit for a product liability claim in a Texas court.
How to Prepare Before You Call an Attorney?
The stronger your documentation, the better positioned your attorney is from day one. Before your consultation, do the following.
Hold onto the product. Don’t throw it away, don’t return it, and don’t let anyone repair or alter it. The physical product is evidence. Photograph it from every angle, including any visible damage or defect.
Save everything related to your purchase — receipts, packaging, instruction manuals, warranty documents. If the product was recalled or had prior complaints filed against it, that information will matter.
Document your injuries. Get medical treatment immediately if you haven’t already, and keep records of every appointment, prescription, and diagnosis. Write down what happened while your memory is fresh — dates, times, where you were, what you were doing, exactly how the injury occurred.
If there were witnesses, get their contact information before they become hard to reach.
The Difference Between Product Liability and Other Injury Claims
Product liability cases are a distinct subset of personal injury law. They share some procedural similarities with cases like workplace accidents or premises liability claims, but the defendants are different and so is the evidence you need. In some cases, a defective product causes a car accident — making the case a hybrid that involves both car accident claims and a product defect theory. These overlapping scenarios require an attorney who can manage multiple legal angles at once.
In the most serious cases — those involving fatalities — product liability may give rise to a wrongful death claim as well. Texas law allows certain family members to pursue wrongful death damages when a defective product kills someone they love.
About Valeri Malone and Our Practice
I’m Valeri Malone, and I’ve spent years representing injury victims across Texas, including right here in Lubbock. Product liability cases are personal to me because they involve companies that put profits ahead of the safety of ordinary people. When a manufacturer cuts corners or ignores known defects, real families pay the price.
At Malone Injury Lawyers, we handle product liability cases on a contingency fee basis — you pay nothing unless we recover for you. We work with experienced expert witnesses, and we don’t shy away from taking cases to trial when that’s what it takes to get a fair result. You can read more about our team and experience on our website.
Ready to Talk to a Product Liability Attorney in Lubbock?
If a defective product injured you or someone in your family, don’t wait. The two-year deadline moves faster than people expect, and building a strong product liability case takes time.
Contact us to schedule a free consultation. There’s no cost to speak with us and no obligation to hire us.
Call us at (806)-642-6001 or visit our office at 3206 140th St #200, Lubbock, TX 79423, United States. We serve clients throughout Texas, and we’re ready to hear what happened to you.
