What is product liability?
Product liability is the area of injury law that lets a person hurt by a defective product, such as a car part, appliance, toy or medical device, claim money from the company that made or sold it. The defect can be in how the product was designed, built or labeled.
Last checked November 9, 2026 · Official sources (5)
Product liability example: the pressure cooker lid
Example: you open an electric pressure cooker after the display says the pressure is released. The lid bursts off and scalds your arm and chest. Burn care, a skin graft and two months off work total $45,000.
| Possible defect | What it would mean here |
|---|---|
| Manufacturing | Your unit's pressure sensor was faulty, unlike the others off the same line. |
| Design | Every unit lets the lid open under pressure, and a locking pin would have prevented it. |
| Warning | The manual never said the display could be wrong or that you should wait. |
Each theory points to different evidence and sometimes a different company. The maker of the sensor, the brand on the box and the store that sold it may all be part of the claim. Do not throw the cooker away or send it back for a refund; the device itself is what experts will test.
How do Arizona and Texas handle product liability claims?
| Rule | Arizona | Texas |
|---|---|---|
| What counts | Action against a maker or seller for injury from manufacture, design, formula and more | Action against a maker or seller for injury from a defective product |
| Design defects | Defendant may show it met the state of the art when first sold | Claimant must prove a safer alternative design existed |
| Store that only sold it | Can be named as a seller | Generally not liable unless the claimant proves an exception |
Why does product liability matter to someone who was hurt?
A product claim may be your path to money when no person was careless in the usual sense, or when the person who was careless has little insurance. Manufacturers often have large policies but also hire experts early. Write down the brand, model, serial number and where you bought it, save the receipt and packaging, and check for recalls on the government's recall sites.
Product liability vs. strict liability
Product liability is the type of claim. Strict liability is one way to prove it, without showing anyone was careless. Product claims can also rest on negligence or a broken warranty.
Questions
Can I sue the store that sold me the product?
In Arizona the seller can be named. In Texas a seller that did not make the product is generally not liable unless you prove an exception.
Do I need the product itself?
It is usually the key evidence. Keep it in the condition it was in after the injury.
Is a recall proof of a defect?
Not by itself, but it can be strong evidence that the company knew about a problem.
Find out if you are owed money.
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See if I’m owed moneySources (5)
- Tex. 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”
- A.R.S. § 12-681, checked 2026-11-09. “means any action brought against a manufacturer or seller of a product for damages for bodily injury, death or property damage caused by or resulting from the manufacture, construction, design, formula”
- 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”
- A.R.S. § 12-683, checked 2026-11-09. “conformed with the state of the art at the time the product was first sold by the defendant”
- 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”