Find a defective product lawyer in Austin: battery fires, shared scooters and who pays
In Texas, a store that only sold the product is often protected, so most claims go to the maker. You generally have 2 years to sue, and a 15 year cutoff runs from sale. After a fire in Austin, the Fire Marshal's Office decides the cause.
Last checked November 9, 2026 · Official sources (39)

Who finds the cause of a product fire in Austin?
Inside the city, the Austin Fire Marshal's Office, which handles fire cause determination. In unincorporated Travis County, the county's Fire/Arson Investigators look into fires and explosions. Ask which one responded and get the report number.
Do not throw out the charger, battery or burned device. Do not clean the area. Austin Resource Recovery warns that batteries do not belong in curbside trash, recycling or compost carts, so keep it in a safe place, outside the home, and tell the investigator you are doing that.
For businesses, Austin adopted the 2024 International Fire Code with local amendments on July 10, 2025, and an Austin Fire briefing says lithium battery storage of 15 cubic feet or more needs a permit. A bike shop or store with a large battery stock may fall under that rule.
What if a shared scooter failed under you in Austin?
| Company | Support | Fine print to check |
|---|---|---|
| Bird, up to 3,000 scooters | 866-205-2442 | Opt out of arbitration within 30 days of first use. A police report within 24 hours when someone is hurt. |
| Lime, up to 3,205 scooters and 675 gliders | 888-546-3345 | Final and binding arbitration. Report within 2 hours, or as soon as practicable if hurt. |
The city says those fleet numbers are the maximum allowed, not the count on the street. City Code 14-9 requires shared mobility providers to hold a license. Scooter issues can go to 3-1-1 or to Shared Mobility at 512-974-7857.
Lime's rules also say riders without helmets waive claims. Texas has fair notice rules for advance releases. City staff told auditors some riders do not report an injury to the provider, which can leave no record.
Can you sue the store, or only the maker?
- Start with the maker, because a seller that did not make the product is not liable unless an exception applies.
- One exception: the maker is insolvent or out of the court's reach.
- Another: the seller actually knew of the defect.
- The maker must indemnify the seller.
- A design defect claim needs proof that a safer alternative design existed.
- Meeting federal standards creates a presumption of no liability that can be rebutted.
How do you report a dangerous product from Austin?
- File a report at SaferProducts.gov, the public CPSC database of safety complaints. Family members and parents can report.
- The report goes to the company, when practicable, within five business days, and posts on the 10th business day after that.
- Remember a report is not a recall. A recall is a public announcement that a product is hazardous or defective.
- SaferProducts.gov posts safety issues only, not complaints about cost or quality. Only safety issues are.
CPSC's reach includes appliances, toys, clothing and ATVs, among other products. Fire tops its list of recent recall hazards, the same risk Austin's Fire Marshal investigates.
Where do Austin burn and injury patients go?
Call 911. Dell Seton Medical Center at The University of Texas is the Level I trauma center, and Dell Children's is the only children's hospital in Central Texas with a Level I trauma designation. Keep every bill and chart.
How long do you have to sue over a defective product in Austin?
- 2 years after the claim accrues.
- 15 years after the defendant sold the product, as an outer limit.
- A child: time does not run while under 18.
- More than half at fault: no recovery.
- A City of Austin product or program: claim letter in 45 days.
Questions
Should I use the battery again after a scare?
No. Stop using it and keep it as evidence, in a safe place away from the home.
Who handles recalls for products sold in Austin?
CPSC. A recall is a public announcement that a product is hazardous or defective.
What if the company is out of state?
You can still make a claim. A Texas seller may be liable when the maker is out of the court's reach.
Defective product in Austin? See if you are owed money.
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See if I’m owed moneySources (39)
- 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 16.003, checked 2026-11-09. “not later than two years after the day the cause of action accrues”
- 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”
- Austin Fire, Fire Marshal's Office, checked 2026-11-09. “The Fire Marshal's Office is responsible for the protection of life and property through code enforcement, plans review, fire inspections, and fire cause determination.”
- Travis County Fire Marshal, Investigations, checked 2026-11-09. “responsible for investigating fires and explosions in the unincorporated areas of Travis County”
- Austin Resource Recovery, Battery and Solar Panel Recycling, checked 2026-11-09. “Keep batteries out of your curbside trash, recycling and composting carts!”
- Bird Rental Agreement, checked 2026-11-09. “The notice must be sent within 30 days of your first use of the Service”
- Austin Fire, Fire Marshal's Office, checked 2026-11-09. “Effective July 10, 2025, the City of Austin adopted the 2024 edition of the International Fire Code (IFC) with local amendments.”
- Austin Fire Department, 2024 International Fire Code briefing, checked 2026-11-09. “Permit required for lithium battery storage ≥15 ft³”
- City of Austin, Shared Mobility, checked 2026-11-09. “| Bird | Bird Access | 3,000 scooters | 866-205-2442 [email protected] |”
- Bird Rental Agreement, checked 2026-11-09. “Rider shall file a report with the local police department within 24 hours.”
- City of Austin, Shared Mobility, checked 2026-11-09. “| Lime | Lime Access | 3,205 scooters 675 gliders | 888-546-3345 [email protected] |”
- Lime User Agreement, checked 2026-11-09. “exclusively through final and binding arbitration instead of filing a lawsuit in court”
- Lime User Agreement, checked 2026-11-09. “to us within two (2) hours of the accident or incident via the Lime App”
- City of Austin, Shared Mobility, checked 2026-11-09. “Fleet size reflects the maximum number of devices allowed.”
- City of Austin, Shared Mobility Regulations and License Application, checked 2026-11-09. “Per Austin City Code 14-9, shared mobility providers must hold a license to operate in Austin”
- City of Austin, Shared Mobility, checked 2026-11-09. “Report issues and concerns to Austin 3-1-1 by phone or the 3-1-1 mobile app. If you see vandalism or dumping into waterways in progress, call 9-1-1. For other comments and questions, please contact [email protected] or 512-974-7857.”
- Lime User Agreement, checked 2026-11-09. “If you ride without a helmet and are injured as a result, you waive any and all claims against the Released Parties”
- Dresser Industries v. Page Petroleum (Tex. 1993), checked 2026-11-09. “we hold that the fair notice requirements of conspicuousness and the express negligence doctrine apply to both indemnity agreements and to releases in the circumstances before us”
- City of Austin Office of the City Auditor, Electric Scooter Enforcement Program (August 2024), council backup copy, checked 2026-11-09. “some e-scooter users may not report an injury or collision to the provider”
- Texas Civ. Prac. & Rem. Code 82.003, checked 2026-11-09. “(A) insolvent; or (B) not subject to the jurisdiction of the court”
- 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”
- 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 82.005, checked 2026-11-09. “there was a safer alternative design”
- 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”
- 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”
- 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”
- 16 CFR part 1102, checked 2026-11-09. “prior to posting on the 10th business day after transmittal”
- CPSC, checked 2026-11-09. “does not mean that the Commission will conclude automatically that a corrective action is necessary”
- CPSC, checked 2026-11-09. “Recalls are the public announcement of a hazardous or defective product.”
- 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. “including appliances, toys, clothing, ATVs, and more”
- CPSC, checked 2026-11-09. “Fire - Use of the product may lead to a fire”
- Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “DELL SETON MEDICAL CENTER AT THE UNIVERSITY OF TEXAS 10/1/2028 O AUSTIN 78701”
- Dell Children's Medical Center, Pediatric trauma care, checked 2026-11-09. “is the only children’s hospital in Central Texas with a Level I Trauma Center designation by the American College of Surgeons.”
- Texas Civ. Prac. & Rem. Code 16.001, checked 2026-11-09. “the time of the disability is not included in a limitations period”
- 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”
- City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”