The Texas Product Liability Statute Of Limitations (2026)

How Long Do You Have to File a Product Liability Claim in Texas?

You have two years after the accrual of your claim to file your case. In normal personal injury cases, this means you have two years after the date of your accident to file a lawsuit.

However, many product liability cases cannot be traced to a specific accident. Thus, in product liability cases, the starting date is critically important to determining your deadline.

When Does the Statute of Limitations Begin for Product Liability Cases?

The statute of limitations starts on the date your injury occurred. For some defective products, this date is readily ascertainable. For example, if you were injured by a faulty airbag, the statute of limitations starts running on the date your airbag malfunctioned.

However, the injuries from some defective products take time to develop. These cases can involve dangerous chemicals such as the following:

• Pharmaceutical products
• Pesticides
• Hair products
• Cleaning chemicals
• Building materials

In these cases, Texas follows the discovery rule. This rule is a “narrow exception” to the Texas product liability statute of limitations that delays the start of the two-year period until the injured person knows or should have learned through reasonable diligence of their injuries.

For example, the time to file a hair relaxer lawsuit is two years after you are diagnosed with a cancer linked to the product.

However, this rule also means that the time could start running even if you do not know you are ill. Specifically, the time begins when you could have obtained a diagnosis but unreasonably delayed a doctor visit.

Thus, in the example above, your two years for the Texas product liability statute of limitations might start when you experienced hair relaxer side effects but unreasonably ignored them.

What Is the Statute of Repose for Product Liability in Texas?

A statute of repose sets an absolute deadline for filing a lawsuit. Since Texas uses the discovery rule, the lack of a statute of repose would allow victims an indefinite amount of time to file a lawsuit if they never discover their injuries.

Texas imposes a 15-year statute of repose. Thus, you must file a lawsuit within 15 years after the manufacturer sold the product that injured you.

However, this statute of repose includes several significant exceptions. If the product warranty lasts longer than 15 years, the statute of repose is extended until the warranty expires.

Additionally, if your injuries resulted from exposure to the allegedly defective product, the statute of repose does not apply. To use this exception, you must prove that you were exposed before the 15-year period expired, the product caused your disease or injury and the symptoms did not manifest to an extent that a reasonable person would have discovered their disease or injury before the 15 years expired.

For example, suppose you mixed and applied Roundup as part of your job. You developed non-Hodgkin lymphoma, but the symptoms started 18 years after you left your farm job. In this case, you can likely file a Roundup lawsuit within two years after your diagnosis, even though this date will be 20 years after you last used the product.

What Happens if You Miss the Filing Deadline?

If you miss the filing deadline, the product manufacturer will file a motion to dismiss your lawsuit. The court will grant it unless you can present a legally recognized excuse for the delay.

Types of Product Liability Claims You Can File

According to Texas’s statute of repose, product liability claims cover all lawsuits against a manufacturer for harm caused by a defective product, including all of the following:

• Strict tort liability
• Strict products liability
• Negligence
• Misrepresentation
• Breach of warranty

A product liability lawsuit based on a strict liability tort means that the manufacturer is liable regardless of the manufacturer’s knowledge or intent. More importantly, the manufacturer is liable even if it took reasonable measures to prevent the defect.

What Do You Need to Prove in a Product Liability Case?

To prove a product liability case, you must prove that a defect exists and caused your injury or disease. Product defects include design defects inherent in the product, manufacturing defects produced at the factory and warning defects in the instructions or warnings.

What Damages Can You Recover in a Product Liability Claim?

You can seek economic damages for your financial costs and losses, such as medical bills and lost wages. You can also seek compensation for pain and suffering caused by your injury or disease.

Steps to Take After a Product Injury

You should seek medical attention after you experience symptoms due to an injury or disease caused by a product. Ignoring the symptoms could start the limitations period running. Thus, you should obtain a diagnosis so you can obtain the medical records needed for your case.

Get Matched With an Experienced Product Liability Attorney

The Texas product liability statute of limitations caps the time you have to file a lawsuit. Contact ConsumerShield to receive a referral to a Texas personal injury lawyer who can file your lawsuit.