Find a defective product lawyer in McAllen: keep the product and know who pays

Keep the product, the box and the receipt, and report it at SaferProducts.gov. In Texas, a store that did not make the product is often not liable, so the maker is usually the target. You generally have two years to file suit. A jury that puts more than 50 percent of the blame on you leaves you with nothing.

Last checked November 9, 2026 · Official sources (31)

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Road map of the McAllen area showing the Pharr-Reynosa and Anzalduas bridges, where imported goods and trucks cross the border
In Texas, stores that did not make the product are often protected. Map data © OpenStreetMap contributors.

Where do I report a dangerous product in McAllen?

At SaferProducts.gov, the public database of safety complaints run by the Consumer Product Safety Commission. Family members and parents can report. The report goes to the company within five business days, when practicable, and posts on the 10th business day after that.

A report is not a recall. A recall is a public notice about a hazardous or defective product. Cost or quality complaints are not posted, only safety ones. The CPSC list includes appliances, toys, clothing and ATVs.

Companies must report reportable information within 24 hours. Recent recalls name fire as the first hazard.

Do imported products from the border cause more product claims in McAllen?

We cannot say that. We have no McAllen count of product injuries. What is true is that trade is big here. The Pharr-Reynosa bridge counted 703,991 truck crossings in fiscal 2025-2026, and the city-run Anzalduas bridge takes southbound empty commercial trucks.

At ports of entry, CPSC investigators work side by side with Customs and Border Protection. Imported goods can still reach shelves, and a defect does not depend on where the product was made. It does change who you can sue. A foreign maker can be hard to reach, which is when the Texas seller exception matters.

Who is responsible when a product hurts someone in Texas?

Texas covers any action against a maker or seller for injury from a defective product. A seller that did not make it is not liable unless an exception applies. One exception is when the maker is insolvent or out of the court's reach. Another is when the seller actually knew of the defect.

QuestionTexas answerSource
Can I sue the store?Usually not, unless an exception applies
Who backs the seller?The maker must indemnify the seller
What proves a design defect?A safer alternative design
Does following federal standards help the maker?Yes, a rebuttable presumption of no liability

Medicine and medical devices follow other rules, so if your injury came from a drug or implant, see that page instead.

What should I do right after a defective product injures me in McAllen?

  1. Get medical care. The Level I trauma centers nearby are South Texas Health System McAllen and DHR Health in Edinburg.
  2. Do not throw the product away, repair it or send it back. Photograph it with the label, model and serial number.
  3. Keep the receipt, the box and the manual, and note where you bought it.
  4. Report it at SaferProducts.gov.
  5. Write down what happened the same day, with dates.

If it was a fire, take photos of the scene and ask for the fire report.

Which court hears a product claim in McAllen, and how long do I have?

A small claim of $20,000 or less can go to a Hidalgo County justice court. Larger cases go to district court. The Hidalgo County District Clerk is at 100 N. Closner, Edinburg, (956) 318-2200.

The deadline is two years after the claim accrues. Texas also has a 15-year cutoff after the defendant sold the product. A child gets more time, because the clock does not run while under 18. And if you are more than 50 percent at fault, you recover nothing.

Medicare gets repaid out of a settlement when it paid for your treatment.

Questions

Does it matter that the product was used?

It can. The question is whether the product was defective when it left the maker, and not simply old.

What if the product was a gift from Mexico?

Where it was bought does not change a safety report. The chain of makers and sellers does matter, which a lawyer can trace.

Can I sue a store if it ignored a recall?

A seller can be liable if it actually knew of the defect.

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Sources (31)

  1. 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”
  2. 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”
  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. 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”
  5. SaferProducts.gov FAQ, checked 2026-11-09. “family members, relatives, parents, guardians, friends”
  6. Texas Civ. Prac. & Rem. Code 82.003, checked 2026-11-09. “(A) insolvent; or (B) not subject to the jurisdiction of the court”
  7. Texas Civ. Prac. & Rem. Code 82.005, checked 2026-11-09. “there was a safer alternative design”
  8. Texas Civ. Prac. & Rem. Code 16.003, checked 2026-11-09. “not later than two years after the day the cause of action accrues”
  9. 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”
  10. Texas Rules of Civil Procedure, Part V, as posted by Hidalgo County, checked 2026-11-08. “A small claims case is a lawsuit brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by law. The claim can be for no more than $20,000”
  11. 16 CFR part 1102, checked 2026-11-09. “within five business days of submission of the completed report of harm”
  12. 16 CFR part 1102, checked 2026-11-09. “prior to posting on the 10th business day after transmittal”
  13. CPSC, checked 2026-11-09. “does not mean that the Commission will conclude automatically that a corrective action is necessary”
  14. CPSC, checked 2026-11-09. “Recalls are the public announcement of a hazardous or defective product.”
  15. SaferProducts.gov FAQ, checked 2026-11-09. “relates solely to the cost or quality of a consumer product, will not be posted”
  16. CPSC, checked 2026-11-09. “including appliances, toys, clothing, ATVs, and more”
  17. CPSC, checked 2026-11-09. “A company must report to the Commission within 24 hours of obtaining reportable information.”
  18. CPSC, checked 2026-11-09. “Fire - Use of the product may lead to a fire”
  19. Pharr-Reynosa International Bridge, Truck Crossing Comparison, checked 2026-11-08. “TOTAL TRUCK CROSSING 688,876 703,991 15,115 2.19%”
  20. City of McAllen, Anzalduas International Bridge, checked 2026-11-08. “Southbound Empty Commercial Trucks”
  21. CPSC, checked 2026-11-09. “EXIS has co-located investigators at ports of entry who work side-by-side with CBP staff.”
  22. 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”
  23. 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”
  24. 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”
  25. 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”
  26. South Texas Health System McAllen, Trauma Care, checked 2026-11-08. “South Texas Health System McAllen is an ACS-verified Level I Trauma Center”
  27. DHR Health, Level I Trauma Center, checked 2026-11-08. “The DHR Health Level 1 Trauma Center provides the highest level of trauma care available”
  28. Hidalgo County, District Clerk's Office, checked 2026-11-09. “Physical Address 100 N. Closner Edinburg, TX 78539 Phone: (956) 318-2200”
  29. Texas Civ. Prac. & Rem. Code 16.001, checked 2026-11-09. “the time of the disability is not included in a limitations period”
  30. 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”
  31. CMS, checked 2026-11-09. “it must be repaid to Medicare when a settlement, judgment, award, or other payment is made”

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