Defective product injury in Fort Worth: who can be sued, what to prove and what to save

In Texas, a seller that did not make a product is not liable unless you prove one of seven listed grounds, so the maker is often the main target. A claim must start within 15 years of the sale, and you generally have 2 years to sue. Report the product to the CPSC at (800) 638-2772.

Last checked November 9, 2026 · Official sources (19)

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Map of Fort Worth showing the downtown area near 715 Texas Street where the Fire Department's Investigations section is located
Store sellers are protected unless one of seven grounds is proven. Map data © OpenStreetMap contributors.

Who can you sue for a defective product in Fort Worth?

The maker first. A store or other seller that did not make the product is protected unless you prove one of these:

  • The seller helped design it, changed it, or installed it.
  • The seller controlled a warning that was wrong, or made a false statement you relied on.
  • The seller knew of the defect when it sold the product.
  • The maker is bankrupt or beyond the court's reach.

That list shortens the field. It also makes the label, the box and the receipt matter. Keep them.

What do you have to prove in a Texas product claim?

IssueTexas rule
Design defectYou must prove a safer alternative design existed
Federal safety standardsA product that met mandatory federal standards gets a presumption the maker is not liable for that risk
Age of the productThe claim must start within 15 years of the sale
Your own blameMore than 50 percent at fault bars recovery

Local makers do not change these rules. The city lists Lockheed Martin, Alcon Laboratories and Bell Flight Fort Worth among its largest employers, but a claim over a ladder, a heater or a car part follows the same Texas law.

What if a product started a fire in Fort Worth?

Fort Worth Fire Department's policy is to investigate all fires in its jurisdiction, and it writes a report for every incident it responds to. To get a copy, file a public information request online.

  1. Do not throw the product away, even if it is burned. Photograph it where it sits.
  2. Ask the fire investigator what they found about where the fire started.
  3. File the public information request for the fire report.
  4. Keep the receipt, manual, packaging and any recall notice.
  5. If someone died, the Medical Examiner offers help 24 hours a day at 817-920-5700.

How do you report an unsafe product?

Use SaferProducts.gov. A report can help the Consumer Product Safety Commission decide whether to recall a product, fine the maker or write a regulation. The CPSC hotline is (800) 638-2772.

A report does not start your lawsuit and does not replace it. Medicines and medical devices go to the FDA instead.

How long do you have to sue over a defective product in Fort Worth?

Generally 2 years. If a child was hurt, the clock can be paused until age 18. The City of Fort Worth wants written notice within 180 days. Other public bodies get 6 months.

A jury hears your medical bills at the amount paid or owed, not the first bill sent. A hospital lien attaches only if you were admitted within 72 hours. Serious injuries go to John Peter Smith Hospital or Texas Health Harris Methodist Hospital Fort Worth, both Level I trauma centers.

Questions

Can I sue the store that sold the product?

Only if you prove one of the seven grounds, such as the seller knew of the defect.

Does it matter that the product passed federal tests?

It can. Meeting mandatory federal standards creates a presumption in the maker's favor, which you can try to rebut.

Should I keep the broken product?

Yes. Keep it as it is, without repairing or cleaning it, because it is the main evidence.

How do I get the fire report?

File a public information request with the Fort Worth Fire Department online.

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Sources (19)

  1. Tex. Civ. Prac. & Rem. Code § 82.003(a), 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”
  2. Tex. Civ. Prac. & Rem. Code § 16.012(b), checked 2026-11-09. “a claimant must commence a products liability action against a manufacturer or seller of a product before the end of 15 years after the date of the sale of the product by the defendant”
  3. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  4. CPSC, SaferProducts.gov Public Incident Reporting, checked 2026-11-09. “Hotline: (800) 638-2772”
  5. Tex. Civ. Prac. & Rem. Code § 82.005(a), checked 2026-11-09. “the burden is on the claimant to prove by a preponderance of the evidence that: (1) there was a safer alternative design”
  6. City of Fort Worth, Fire Investigations, checked 2026-11-09. “The policy of the Fort Worth Fire Department is to investigate all fires that occur within it’s jurisdiction. A report is generated for every incident to which the Fire Department responds.”
  7. Tex. Civ. Prac. & Rem. Code § 82.008(a), checked 2026-11-09. “complied with mandatory safety standards or regulations adopted and promulgated by the federal government”
  8. Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
  9. City of Fort Worth, 2025 City Facts, checked 2026-11-09. “n Alcon Laboratories n Bell Flight Fort Worth n Burlington Northern Santa Fe LLC”
  10. City of Fort Worth, Fire Investigations, checked 2026-11-09. “To obtain a copy of a fire report, please file a public information request online.”
  11. Tarrant County Medical Examiner, FAQs, checked 2026-11-08. “Assistance is available 24 hours a day at 817-920-5700.”
  12. CPSC, SaferProducts.gov Public Incident Reporting, checked 2026-11-09. “help CPSC decide if it should take action - recall the product, fine the manufacturer, or create regulation.”
  13. Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
  14. Fort Worth City Charter, Chapter XXVII, Section 25, checked 2026-11-08. “within one hundred eighty (180) days after the same has been sustained, unless good cause is shown”
  15. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  16. Tex. Civ. Prac. & Rem. Code § 41.0105, checked 2026-11-09. “recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant”
  17. Tex. Prop. Code § 55.002, checked 2026-11-09. “For the lien to attach, the individual must be admitted to a hospital not later than 72 hours after the accident.”
  18. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “JOHN PETER SMITH HOSPITAL 11/1/2028 E FORT WORTH 76104”
  19. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “TEXAS HEALTH HARRIS METHODIST HOSPITAL FORT WORTH 1/1/2029 E FORT WORTH 76104”

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