Hurt by a defective product? What to keep, who pays and how long you have
Stop using the product and keep it exactly as it is, with the packaging and receipt. The product is often the most important evidence. Report the injury at SaferProducts.gov. Texas and Arizona generally allow two years to sue. In Texas, the maker, not the store, is usually the one responsible.
Last checked November 9, 2026 · Official sources (33)
What makes a product defective?
Product claims usually fall into three groups. Knowing which one fits you helps a lawyer decide what proof is needed.
| Type | What went wrong | Example |
|---|---|---|
| Design defect | The whole product line is unsafe | A ladder that tips under normal use |
| Manufacturing defect | This one came out of the factory wrong | A weak weld on one bike frame |
| Warning defect | A hidden danger with no clear warning | A heater with no warning about fire risk |
Texas and Arizona both cover claims against makers and sellers for injury caused by products. In Texas, a design defect claim requires proof of a safer alternative design.
What should I do after a product injures me?
- Get medical care. Tell the doctor what product was involved and how.
- Stop using it. Do not repair, clean, reset or throw it away.
- Photograph the product, the place it happened, your injuries and any labels or numbers on the item.
- Keep the box, manual, receipt and online order confirmation.
- Write down what happened while you remember it, and how you were using it.
- Check for a recall, and report the injury at SaferProducts.gov.
- If the product is damaged and a manufacturer or insurer asks for it, do not hand it over. Talk to a lawyer first.
- Talk to a defective product lawyer soon, because what you keep and how you keep it matter from the start.
What evidence disappears in a product injury case?
Keep the product. Here is why it matters: experts usually need to examine it, and any change can give the defense room to argue you caused the problem. In Arizona, a defendant can avoid liability by proving an unforeseeable alteration made after sale.
| Evidence | What to do | Risk |
|---|---|---|
| The product itself | Store it safely, unused, and do not test it | Tossed by a store, landlord or insurer |
| Packaging and manual | Keep them with the product | Hard to prove the model or warnings without them |
| Your receipts and order history | Save them now | Online accounts can close |
| Photos of the scene | Take them the first day | Conditions change quickly |
| Reports by other users | Search SaferProducts.gov | They may help show a pattern |
Was it recalled, and do I need a recall to sue?
No. You do not need a recall to bring a claim. A recall is the public announcement of a hazardous or defective product. It can help, but many injuries happen with products that were never recalled, and fire is one of the most common recall hazards.
SaferProducts.gov is run by the CPSC, the federal agency for consumer goods such as appliances, toys, clothing and ATVs. Family members and parents can file too. The agency sends the report to the company, where practicable, within five business days, and it can be posted publicly on the 10th business day after that.
A report about only cost or quality is not posted. Companies themselves must report certain hazards within 24 hours, but a report does not automatically lead to a recall. Cars and medicines go through other agencies.
Who pays in a defective product claim?
The company at the top of the chain usually pays through its liability insurance. Who else may pay depends on the state and who sold the product.
| Who | Possible role | Watch for |
|---|---|---|
| The manufacturer | Primary target. In Texas, it must back up the seller against loss | Could be overseas or hard to serve |
| The maker of a part | Responsible if the defective part caused the harm | Harder to identify |
| The store or online seller | In Texas, only under listed exceptions, such as if it knew about the defect or the maker is out of reach. In Arizona, a seller can be pursued and may be covered by the maker | Marketplace sites and third-party sellers can raise hard questions |
| Your own insurer | Health or homeowners coverage may pay first | May want reimbursement |
If Medicare paid for your care, it must be repaid from a settlement. In Arizona, each defendant generally pays only its own share of fault, so an empty chair can cost you.
How do product liability rules differ in Arizona and Texas?
| Rule | Arizona | Texas |
|---|---|---|
| Time to sue | Two years, by reference to the injury statute | Two years after the claim accrues |
| Outer cutoff | A 12-year cutoff still appears in the statute, but the Arizona Supreme Court said it was declared unconstitutional | 15 years after the defendant's sale |
| Children | Time does not run while under 18 | Time does not run while under 18 |
| Defenses | State of the art at first sale, unforeseeable alteration, or use not reasonably foreseeable | Compliance with mandatory federal standards creates a rebuttable presumption |
| Your own fault | Fault is split, each defendant pays its own share | No recovery if you are more than 50 percent at fault |
| Limits on damages | None | No general cap on compensatory damages in product cases |
| Punitive damages | Limited if the product met government standards, with exceptions | Depends on the facts and proof |
What can a product claim cover, and how long does it take?
A claim can include medical bills, lost pay, scarring, lost earning ability and pain and suffering. If a fire or a part failure damaged your home or car, the property loss may be included too. These cases take time because experts have to test the product and the company usually fights hard. Plan on many months, and often more than a year.
Example only, not a prediction: a Texas jury finds $500,000 in losses and puts 20 percent of the fault on the injured person. The award would be reduced to $400,000 before fees and repayments. If that person were found more than 50 percent at fault, they would get nothing. We cannot tell you what your claim is worth.
What mistakes hurt product injury claims?
- Throwing away the product, or giving it to the company for inspection.
- Repairing or using it again before anyone can examine it.
- Waiting for a recall before you act.
- Assuming the store is the one to sue. In Texas, it often is not.
- Waiting because you think Arizona's 12-year rule protects you. Your deadline to sue is still two years.
Questions
How long do I have to sue for a defective product?
Generally two years in Texas and Arizona. Children generally get more time.
Can I sue the store where I bought it?
In Texas, usually only under specific exceptions. In Arizona, a seller can be pursued and may be protected by the maker.
Do I have to report it to the government?
No, but you can report it at SaferProducts.gov. It helps warn others and it creates a record.
Should I give the product back to the company?
Do not hand it over before talking to a lawyer. The product is often your main evidence.
What is the 15-year rule in Texas?
A claim must generally be filed within 15 years after the defendant sold the product, with some exceptions.
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See if I’m owed moneySources (33)
- SaferProducts.gov, checked 2026-11-09. “SaferProducts.gov is the CPSC-owned website where the public can file and read safety-related complaints about consumer products”
- Texas Civ. Prac. & Rem. Code 16.003, checked 2026-11-09. “not later than two years after the day the cause of action accrues”
- A.R.S. 12-551, checked 2026-11-09. “shall be commenced and prosecuted within the period prescribed in section 12-542”
- Texas Civ. Prac. & Rem. Code 82.003, checked 2026-11-09. “A seller that did not manufacture a product is not liable for harm caused to the claimant by that product unless the claimant proves”
- Texas Civ. Prac. & Rem. Code 82.003, checked 2026-11-09. “(A) insolvent; or (B) not subject to the jurisdiction of the court”
- SaferProducts.gov FAQ, checked 2026-11-09. “family members, relatives, parents, guardians, friends”
- 16 CFR part 1102, checked 2026-11-09. “within five business days of submission of the completed report of harm”
- Arizona Supreme Court, Cronin v. Sheldon (1999), checked 2026-11-09. “Hazine declared unconstitutional the same statute of repose that Bryant upheld”
- Texas Civ. Prac. & Rem. Code 16.012, checked 2026-11-09. “before the end of 15 years after the date of the sale of the product by the defendant”
- Texas Civ. Prac. & Rem. Code 82.001, checked 2026-11-09. “any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product”
- A.R.S. 12-681, checked 2026-11-09. “means any action brought against a manufacturer or seller of a product for damages for bodily injury, death or property damage”
- Texas Civ. Prac. & Rem. Code 82.005, checked 2026-11-09. “there was a safer alternative design”
- A.R.S. 12-683, checked 2026-11-09. “an alteration or modification of the product that was not reasonably foreseeable”
- CPSC, checked 2026-11-09. “Recalls are the public announcement of a hazardous or defective product.”
- CPSC, checked 2026-11-09. “Fire - Use of the product may lead to a fire”
- CPSC, checked 2026-11-09. “including appliances, toys, clothing, ATVs, and more”
- 16 CFR part 1102, checked 2026-11-09. “prior to posting on the 10th business day after transmittal”
- SaferProducts.gov FAQ, checked 2026-11-09. “relates solely to the cost or quality of a consumer product, will not be posted”
- CPSC, checked 2026-11-09. “A company must report to the Commission within 24 hours of obtaining reportable information.”
- CPSC, checked 2026-11-09. “does not mean that the Commission will conclude automatically that a corrective action is necessary”
- Texas Civ. Prac. & Rem. Code 82.002, checked 2026-11-09. “A manufacturer shall indemnify and hold harmless a seller against loss arising out of a products liability action”
- Texas Civ. Prac. & Rem. Code 82.003, checked 2026-11-09. “the seller actually knew of a defect to the product at the time the seller supplied the product”
- A.R.S. 12-684, checked 2026-11-09. “the manufacturer shall indemnify the seller for any judgment rendered against the seller”
- CMS, checked 2026-11-09. “it must be repaid to Medicare when a settlement, judgment, award, or other payment is made”
- A.R.S. 12-2506, checked 2026-11-09. “the liability of each defendant for damages is several only and is not joint”
- A.R.S. 12-551, checked 2026-11-09. “more than twelve years after the product was first sold for use or consumption”
- A.R.S. 12-502, checked 2026-11-09. “the period of such disability shall not be deemed a portion of the period limited for commencement of the action”
- Texas Civ. Prac. & Rem. Code 16.001, checked 2026-11-09. “the time of the disability is not included in a limitations period”
- A.R.S. 12-683, checked 2026-11-09. “conformed with the state of the art at the time the product was first sold”
- Texas Civ. Prac. & Rem. Code 82.008, checked 2026-11-09. “complied with mandatory safety standards or regulations adopted and promulgated by the federal government”
- Texas Civ. Prac. & Rem. Code 33.001, checked 2026-11-09. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
- Arizona Constitution, art. 18, sec. 6, checked 2026-11-09. “the amount recovered shall not be subject to any statutory limitation”
- A.R.S. 12-689, checked 2026-11-09. “is not liable for exemplary or punitive damages if any of the following applies”