By Pacheco Couceiro
When a product such as a heater, a ladder, a tire, or a medication injures someone in Brownsville or the Rio Grande Valley, Texas law has a specific chapter for the claim. Chapter 82 of the Texas Civil Practice and Remedies Code covers "products liability actions," and Chapter 16 sets the time limits. This article summarizes what those statutes say, in plain language, along with practical steps for preserving information. Sources were checked on October 30, 2026. This article does not evaluate any person's case or predict any outcome.
What counts as a products liability action
Section 82.001 of Chapter 82 defines a "products liability action" as 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. The definition applies whether the action is based in strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory, or a combination of them.
The same section defines a manufacturer as a designer, producer, assembler, or similar maker of a product or component who places it in the stream of commerce, and a seller as a person in the business of placing products in the stream of commerce for a commercial purpose.
The three defect theories the statute refers to
Chapter 82 refers to design defects, manufacturing defects, and inadequate warnings or information:
- Design defect. Under Section 82.005, in a claim that a product was defectively designed, the claimant must prove by a preponderance of the evidence that there was a safer alternative design and that the defect was a producing cause of the injury. The statute defines a safer alternative design as one that would have prevented or significantly reduced the risk of injury without substantially impairing the product's utility, and that was economically and technologically feasible when the product left the manufacturer's or seller's control. Section 82.005 lists exceptions, including drugs and devices as defined by federal law.
- Manufacturing defect. Chapter 82 does not define this term, but it treats manufacturing defect claims separately in several sections, including Section 82.004.
- Warnings. Several sections address warnings and information, including the seller exceptions and the presumption for FDA-approved warnings discussed below.
Sellers who did not make the product
Section 82.003 says a seller that did not manufacture the product is not liable for harm caused by it unless the claimant proves one of the listed exceptions. Those include that the seller:
- Participated in the design of the product
- Altered or modified the product, and the alteration caused the harm
- Installed the product, or had it installed, on another product, and the installation caused the harm
- Exercised substantial control over the content of a warning or instruction that was inadequate and caused the harm
- Made an express factual representation about the product that was incorrect, and the claimant relied on it
- Actually knew of a defect at the time it supplied the product
The statute also allows a claim against a non-manufacturing seller when the manufacturer is insolvent or not subject to the jurisdiction of the court.
Separately, Section 82.002 requires a manufacturer to indemnify a seller against loss arising out of a products liability action, except for losses caused by the seller's own conduct for which the seller is independently liable.
Common consumer products
Section 82.004 says a manufacturer or seller is not liable if the product is inherently unsafe, is known to be unsafe by the ordinary consumer who consumes it with the ordinary knowledge common to the community, and is a common consumer product intended for personal consumption. The statute lists examples: sugar, castor oil, alcohol, tobacco, and butter, as well as an oyster. The same section says it does not apply to a manufacturing defect or a breach of an express warranty.
Presumptions for federal standards and FDA warnings
Two sections create rebuttable presumptions, meaning the other side can present evidence against them:
- Section 82.007 creates a rebuttable presumption that a defendant is not liable for failure to provide adequate warnings about a pharmaceutical product if the warnings were those approved by the U.S. Food and Drug Administration. The statute lists ways the presumption can be rebutted.
- Section 82.008 creates a rebuttable presumption that a manufacturer or seller is not liable for an injury caused by the formulation, labeling, or design of a product if it complied with mandatory federal safety standards or regulations that governed the product risk. The statute lists ways to rebut this presumption too.
Time limits: limitations and repose
Two time limits are important.
- Limitations. Section 16.003 of Chapter 16 generally requires a suit for personal injury to be filed within two years after the day the cause of action accrues. For a death claim, the statute says the cause of action accrues on the death of the injured person. Our earlier article on the Texas personal injury statute of limitations explains this deadline in more detail.
- Repose. Section 16.012 says a products liability claim against a manufacturer or seller generally must be filed before the end of 15 years after the date the defendant sold the product. The statute has exceptions, including when the manufacturer or seller expressly warranted in writing that the product has a useful safe life longer than 15 years, and certain claims involving exposure that caused a disease whose symptoms did not appear until after the 15 years.
How fault is shared
Product cases often involve more than one party, and Texas proportionate responsibility rules may affect how fault is assigned. Our article on Texas modified comparative fault explains the 51 percent bar. If a defective product caused a death, our article on wrongful death and survival claims covers who may bring those claims.
Step by step: preserving information after a product injury
1. Get medical care and keep the records
Health comes first. Keep copies of medical records, bills, and discharge instructions.
2. Keep the product in its current condition
Do not repair, alter, or throw away the product or its parts. Store it somewhere safe. A product that is changed or discarded may be harder to examine later.
3. Save the packaging, manuals, and receipts
Labels, instructions, warnings, serial numbers, and proof of purchase (including online order confirmations) can identify the manufacturer and seller.
4. Take photos and write down the details
Photograph the product, the scene, and any injuries. Write down the date, the place, what happened, and the names of witnesses while you remember them.
5. Check for recalls
Federal agencies publish recalls. The FDA posts recalls, market withdrawals, and safety alerts for food, drugs, and medical devices. The U.S. Consumer Product Safety Commission covers many household products, and the National Highway Traffic Safety Administration covers vehicles, tires, and car seats. A recall does not by itself decide a legal claim, and the absence of a recall does not rule one out.
6. Be careful with releases and requests for the product
If a company or insurer asks you to sign a release or send them the product, you can talk to a lawyer first.
Frequently asked questions
Can I sue the store where I bought the product?
Under Section 82.003, a seller that did not manufacture the product is generally not liable unless one of the statute's exceptions applies or the manufacturer is insolvent or not subject to the court's jurisdiction. Which parties may be responsible depends on the facts.
Does a warning label end the case?
Not automatically. Chapter 82 addresses warnings in several sections, and some presumptions are rebuttable. The answer depends on the product, the warning, and the facts.
Questions in Brownsville and South Texas
Pacheco Couceiro works with people in Brownsville and across South Texas on personal injury matters. If you or a family member was hurt by a product and you have questions about Chapter 82 or the deadlines that apply, you can contact our office to talk about your situation.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship.