Find a defective product injury lawyer in Midland: what to keep and who pays
Keep the product, the packaging and the receipt, and do not repair or throw it out. Texas protects a store that only sold a product unless an exception applies, so the maker is usually the target. A product injury suit generally has to be filed within 2 years. A fire may be investigated by Midland's Fire Marshal.
Last checked November 9, 2026 · Official sources (30)
What should I keep after a defective product hurts me in Midland?
- Get care first. Midland Memorial's emergency department has a Level 3 trauma rating.
- Keep the product, every part, the box, the manual and the receipt. Do not repair, clean or return it.
- Photograph the product, the scene and your injury before anything changes.
- Write down where and when you bought it, and any model or lot number.
- Ask for a fire or accident report if the product caught fire. The city takes requests online.
- Report the problem to CPSC at SaferProducts.gov.
Who investigates a product fire in Midland?
The Midland Fire Marshal's office has seven certified fire inspectors and arson investigators. It also does home inspections by request. The phone is 432-685-7333.
Grills are one local example. The city says most apartment patios and balconies lack the clearance the fire code requires for open flame cooking. If a grill, heater or charger started a fire, ask the Fire Marshal who investigated and keep the remains. Midland Fire also provides EMS to the city and county.
Who is responsible for a defective product in Midland?
| Who | Texas rule | What to know |
|---|---|---|
| The maker | Liable for a defect that caused your injury. For a design defect you must prove a safer alternative design. | Compliance with federal safety standards creates a presumption of no liability. |
| The store or seller | Not liable for harm from a product it did not make, unless an exception applies. | Exceptions include an insolvent maker, a maker outside the court's reach, or a seller who knew of the defect. |
| Maker backs the seller | A manufacturer must indemnify a seller against a products suit. | The maker backs the seller |
| Your employer, if you were at work | Comp may pay, and you can also sue a third party such as the maker. | Comp must be repaid from your net recovery first. |
How do I report a defective product from Midland?
Use SaferProducts.gov, the CPSC database of consumer safety complaints. CPSC sends your report to the company within five business days when practicable, and posts it on the 10th business day after it is sent. Its reach includes appliances, toys, clothing and ATVs, among other products.
A report does not mean a recall. CPSC does not conclude automatically that corrective action is needed. Companies must report to CPSC within 24 hours of getting reportable information.
How long do I have to sue over a defective product in Midland?
Two years after the claim accrues. If the injured person was a child, the time to sue is paused until age 18. Texas also bars most claims 15 years after the defendant sold the product. A person who is more than 50 percent at fault recovers nothing.
If a city or other government sold, built or maintained the product, notice may be due in 6 months, and the City of Midland charter sets 60 days.
Where is a product liability case filed in Midland?
File a product suit with the Midland County District Clerk, 500 N. Loraine, Suite 300, 432-688-4500. Civil filing is electronic only. A smaller product claim can go to a County Court at Law, up to $500,000.
Questions
Can I sue the store where I bought it?
Usually not. Texas shields a store that only sold the product, unless one of the exceptions applies.
Should I return a broken product for a refund?
Not before you talk to a lawyer. The product is your evidence.
Where do I get a Midland fire report?
To get a Midland fire report, send the city a public information request online.
Defective product in Midland? See if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (30)
- 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”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- City of Midland, checked 2026-11-09. “The Midland Fire Marshal's office has a staff of seven certified Fire Inspectors/Fire and Arson investigators and one secretarial position.”
- 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”
- 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”
- 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 16.012, checked 2026-11-09. “before the end of 15 years after the date of the sale of the product by the defendant”
- Midland Health, Our Services, checked 2026-11-08. “is a Level 3 Adult Trauma Center”
- City of Midland Fire FAQ, checked 2026-11-09. “How do I obtain a fire or accident report? To make a public information request for access records, please file a request online.”
- Midland Fire Marshal's Office, checked 2026-11-09. “This office conducts numerous fire and life safety inspections every year and is available by request to conduct home inspections.”
- Midland Fire Marshal's Office, checked 2026-11-09. “contact the Fire Marshal's office at 432-685-7333”
- City of Midland FAQ, checked 2026-11-09. “Most apartment patios and balconies do not permit the required clearance.”
- City of Midland, About MFD, checked 2026-11-08. “provides fire protection and emergency medical services”
- 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”
- 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 Labor Code 417.001, checked 2026-11-09. “may seek damages from a third party who is or becomes liable to pay damages”
- Texas Labor Code 417.002, checked 2026-11-09. “shall be used to reimburse the insurance carrier for benefits, including medical benefits, that have been paid for the compensable injury”
- 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. “including appliances, toys, clothing, ATVs, and more”
- CPSC, checked 2026-11-09. “A company must report to the Commission within 24 hours of obtaining reportable information.”
- Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
- 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”
- 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”
- City of Midland Charter, Sec. 8, checked 2026-11-08. “duly verified within sixty days after the same has been sustained”
- Midland County, Staff Directory, checked 2026-11-08. “Suite Number 300”
- Midland County, checked 2026-11-09. “Electronic Filing is required in Midland County for all Civil and Probate Cases”
- Midland County Courts-at-Law, checked 2026-11-09. “Civil cases in which the amount in controversy exceeds $500 but does not exceed $500,000”