Find a defective product lawyer in Houston: who you can sue, what to keep and where to report

In Texas, a store that only sold the product is usually not liable, so the claim often goes to the maker. You generally have 2 years to sue, and claims end 15 years after the sale. After a fire, ask the Houston Fire Marshal's Arson Bureau for its origin and cause findings.

Last checked November 9, 2026 · Official sources (38)

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Map of Houston showing the Port Houston terminals along the Houston Ship Channel
Texas often protects a store that only sold the product. Map data © OpenStreetMap contributors.

Who in the chain can you sue in Texas after a Houston product injury?

WhoCan you sue them?What the law says
The makerYesA Texas product claim is an action against a maker or seller for injury from a defective product.
The store or sellerUsually notNot liable unless an exception applies, because it did not make the product.
A seller, if the maker cannot be reachedSometimesThe exception applies if the maker is insolvent or out of the court's reach.
A seller that knewSometimesA seller can be liable if it actually knew of the defect.

If the seller does get sued, the maker must indemnify it. Many goods reach Houston by ship. Port Houston handled 370,034 TEUs in January 2026, its biggest January on record. A maker overseas can be hard to reach, which is when the seller exception matters.

What do you have to prove in a Houston defective product case?

It depends on the defect. For a design defect, you must prove a safer alternative design existed. If the maker followed federal standards, a rebuttable presumption of no liability applies.

Your own conduct counts too. A defendant generally pays its own percentage, and you are barred if you were more than 50 percent at fault. A Texas jury must be unanimous.

What should you keep after a product hurts you in Houston?

  1. Hold on to the product just as it was when it hurt you. Do not repair it, return it or throw it out.
  2. Keep the box, manual, receipt, model number and any warning labels. Take photos from every side.
  3. Get treated. Ben Taub and Memorial Hermann - Texas Medical Center are two of Houston's Level I trauma centers. Ask hospitals about liens: the hospital lien requires admission within 72 hours.
  4. Save every medical bill. Texas limits recovery of medical costs to amounts paid or owed, and a sworn billing affidavit can prove bills were reasonable.
  5. Report the product (next section) and write down the date you did.

How do you report a dangerous product from Houston?

  • Use SaferProducts.gov, the public CPSC database of safety complaints.
  • Anyone can report, including family members and parents.
  • The report goes to the company within five business days, when practicable, and is posted on the 10th business day after that.
  • Only safety problems are posted. Cost or quality complaints are not.

A report is not a recall. A recall publicly announces that a product is hazardous or defective. A SaferProducts.gov report does not promise one will follow. The company must report reportable information within 24 hours.

What if a product started a fire in Houston?

Fire tops the list of hazards in recent recalls. In Houston, the Fire Marshal's Office oversees the Arson Bureau, which covers origin and cause. The HFD Arson Office is 832-395-8542, and 24-hour arson tips are 713-222-8477. The Fire Marshal's main number is 832-394-6900.

Ask for the cause report in writing, and do not clear the scene. The burned appliance or charger may be the whole case. Hazards after hours can go to 713-884-3143.

Where are product cases heard in Houston, and how long do you have?

Harris County's Civil Courts at Law sit at 201 Caroline, 5th Floor, and the federal Houston Division is at 515 Rusk. Justice courts hear only claims up to $20,000.

The deadline to sue is two years after the claim accrues, with a 15-year cutoff after sale. While the injured person is under 18, the deadline clock does not run. Medicare is paid back out of a settlement.

Questions

Can I sue the store where I bought it?

Usually not. A store that only sold the product is not liable unless an exception applies, such as an insolvent maker.

Does a SaferProducts.gov report start a recall?

No. A report is only a report, and a recall may never follow.

What if the maker is overseas?

Then the seller exception may apply, if the maker is insolvent or out of the court's reach.

Which products does CPSC cover?

Appliances, toys, clothing, ATVs and more.

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Sources (38)

  1. 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”
  2. Texas Civ. Prac. & Rem. Code 16.003, checked 2026-11-09. “not later than two years after the day the cause of action accrues”
  3. 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”
  4. Houston Fire Department, Fire Marshal Office, checked 2026-11-09. “The Fire Marshal's Office oversees the Arson Bureau which includes arson, origin/cause, intelligence, prosecution”
  5. Texas Civ. Prac. & Rem. Code 82.003, checked 2026-11-09. “(A) insolvent; or (B) not subject to the jurisdiction of the court”
  6. Texas Civ. Prac. & Rem. Code 82.005, checked 2026-11-09. “there was a safer alternative design”
  7. 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”
  8. SaferProducts.gov FAQ, checked 2026-11-09. “family members, relatives, parents, guardians, friends”
  9. 16 CFR part 1102, checked 2026-11-09. “prior to posting on the 10th business day after transmittal”
  10. 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”
  11. 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”
  12. 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”
  13. Port Houston, Record January for Containers, checked 2026-11-08. “Port Houston handled 370,034 TEUs in January, the biggest January container volume on record”
  14. Texas Civil Practice and Remedies Code 33.013, checked 2026-11-09. “a liable defendant is liable to a claimant only for the percentage of the damages found by the trier of fact equal to that defendant's percentage of responsibility”
  15. 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”
  16. 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”
  17. Texas Civil Practice and Remedies Code 41.003, checked 2026-11-09. “Exemplary damages may be awarded only if the jury was unanimous in regard to finding liability for and the amount of exemplary damages.”
  18. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “HARRIS HEALTH BEN TAUB HOSPITAL 4/1/2028 Q HOUSTON 77030”
  19. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “MEMORIAL HERMANN - TEXAS MEDICAL CENTER 5/1/2028 Q HOUSTON 77030”
  20. 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.”
  21. 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”
  22. Tex. Civ. Prac. & Rem. Code § 18.001, checked 2026-11-09. “is sufficient evidence to support a finding of fact by judge or jury that the amount charged was reasonable or that the service was necessary”
  23. 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”
  24. 16 CFR part 1102, checked 2026-11-09. “within five business days of submission of the completed report of harm”
  25. SaferProducts.gov FAQ, checked 2026-11-09. “relates solely to the cost or quality of a consumer product, will not be posted”
  26. CPSC, checked 2026-11-09. “Recalls are the public announcement of a hazardous or defective product.”
  27. CPSC, checked 2026-11-09. “does not mean that the Commission will conclude automatically that a corrective action is necessary”
  28. CPSC, checked 2026-11-09. “A company must report to the Commission within 24 hours of obtaining reportable information.”
  29. CPSC, checked 2026-11-09. “Fire - Use of the product may lead to a fire”
  30. Houston Fire Department, Fire Marshal Office, checked 2026-11-09. “HFD Arson Office: 832.395.8542”
  31. Houston Fire Department, Fire Marshal Office, checked 2026-11-09. “832-394-6900”
  32. Houston Fire Department, Fire Marshal Office, checked 2026-11-09. “Hazards / Violations (Non-Business Hours): 713.884.3143”
  33. Harris County Civil Courts at Law, checked 2026-11-09. “Harris County Civil Courts at Law 201 Caroline • Houston, Texas 77002”
  34. U.S. District Court, Southern District of Texas, Houston, checked 2026-11-09. “Location: Bob Casey United States Courthouse 515 Rusk Avenue Houston, TX 77002”
  35. Harris County Justice Courts, About, checked 2026-11-08. “Justice Courts have jurisdiction of civil matters in which the amount in controversy is no more than $20,000”
  36. Texas Civ. Prac. & Rem. Code 16.001, checked 2026-11-09. “the time of the disability is not included in a limitations period”
  37. CMS, checked 2026-11-09. “it must be repaid to Medicare when a settlement, judgment, award, or other payment is made”
  38. CPSC, checked 2026-11-09. “including appliances, toys, clothing, ATVs, and more”

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