Other injury cases
Dallas defective product lawyer.
When a tire comes apart, an airbag fails, a battery catches fire or a tool breaks in your hand, the product itself is the most important evidence in the case. Keep it, exactly as it is. Texas lets you hold manufacturers responsible for products that were badly designed, badly made or sold without proper warnings, but these cases are won with engineers and testing, not arguments. We secure the product, find out whether it was recalled or has failed before, and build the claim against the companies that made and sold it.
Right now
If a product just hurt you.
- 01
Get medical care
Tell the doctor exactly what the product did: exploded, cut, burned, collapsed. That description becomes part of the record.
- 02
Keep the product and do not fix it
Do not repair it, test it, throw it out, return it to the store or send it to the manufacturer, even if they offer a replacement. If it is in a car at a tow yard or body shop, call us so we can stop it from being destroyed.
- 03
Save the packaging and paperwork
The box, manual, warning labels, receipt, order confirmation and any charger or accessory. Write down where and when you bought it.
- 04
Photograph everything
The product from every side, the model and serial number label, the place it happened and your injuries.
- 05
Call us before talking to the company
Manufacturers and their insurers may ask for the product back or for a statement. The consultation is free, in English or Spanish.
Key deadlines and numbers
- Deadline to sue
- Generally 2 years from the injurySource: Tex. Civ. Prac. & Rem. Code 16.003
- Outside limit (statute of repose)
- Usually 15 years from the date the product was first sold, with narrow exceptionsSource: Tex. Civ. Prac. & Rem. Code 16.012
- Design defect claims
- Require showing a safer alternative design existedSource: Tex. Civ. Prac. & Rem. Code 82.005
- Store or seller that did not make it
- Usually not liable, with listed exceptionsSource: Tex. Civ. Prac. & Rem. Code 82.003
- Check for recalls
- Vehicles, tires and car seats at NHTSA; household products at CPSCSource: NHTSA recalls
Texas law
How Texas product liability works.
Chapter 82 of the Texas Civil Practice and Remedies Code governs claims against the companies that make and sell products. You do not have to prove the company was careless in the usual sense. You have to prove the product was defective, that the defect made it unreasonably dangerous, and that the defect caused your injury.
| Defect | What it means | Examples |
|---|---|---|
| Design | Every unit is made the same way, and the design itself is dangerous when a safer, practical design was available. | A heater that tips without shutting off, a vehicle roof that crushes in a rollover. |
| Manufacturing | The design is fine, but this unit came out of the factory different and weaker. | A tire with a separation in the tread, a ladder with a bad weld, a cracked wheel. |
| Warning or instructions | The product had a risk the maker knew about, and the warnings or instructions did not tell you how to avoid it. | Lithium batteries without charging warnings, chemicals without proper labels. |
The manufacturer usually answers
A store that only sold the product is usually not liable in Texas, unless it helped design it, changed it, installed it, wrote the warnings, made a false statement about it, knew of the defect, or the maker cannot be brought into a Texas court.
Source: Tex. Civ. Prac. & Rem. Code 82.003Government standards are not the last word
If a product met federal safety standards, Texas presumes the maker is not liable for that risk. The presumption can be overcome, for example if the standard was inadequate or the maker hid information from regulators.
Source: Tex. Civ. Prac. & Rem. Code 82.008Recalls help but are not required
A recall can show the maker knew about the problem. Many dangerous products are never recalled, and you can still have a claim without one.
Source: CPSC recallsMisuse and fault get argued
The company will say the product was misused, altered or poorly maintained. Under Texas fault rules, a share of blame on you reduces the claim, and more than 50% ends it.
Source: Tex. Civ. Prac. & Rem. Code 33.001How we work
How we build a product case.
Mr. Estrada reads the file and sets the strategy. Our team works the case with him and keeps you updated in English or Spanish.
01
Secure the product
We take custody of the product or send letters to keep it safe, and document its condition so no one can claim it was changed after the injury.
02
Identify the companies
The manufacturer, the maker of the failed part, the importer and, when the law allows, the seller or installer.
03
Research the history
Recalls, government complaint databases, other lawsuits and service bulletins can show the defect and what the company knew.
04
Bring in engineers
Engineers inspect and test the product under agreed protocols, and explain the defect and the safer design.
05
File and prepare for trial
Product cases against large companies often require a lawsuit before they resolve. We are honest with you about the cost and time from the start.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“This attorney takes his time with every client, I love that he speaks Spanish so it was nice to fully understand him.”Questions people ask us.
- The company offered a refund or replacement
- Accepting may require sending the product back or signing a release. Talk to us first.
- I bought it online or from a marketplace
- Keep the order page and seller name. Overseas makers can be harder to bring into court, and the law sometimes allows a claim against the seller when the maker cannot be reached.
- Who pays my bills now?
- Health insurance, PIP in a vehicle case, workers' comp if it happened at work, or providers who agree to wait. We help line them up.
Dallas and Odessa
Product cases we see in Dallas and Odessa.
On Dallas highways, we see tire tread separations and airbag failures on I-35E, I-30 and I-20. In homes across Oak Cliff and southern Dallas, space heaters, phone and e-bike batteries and appliances cause fires and burns. In the Permian Basin, defective tools and equipment hurt oilfield workers, and tire failures on hot West Texas highways turn into rollovers. Product suits are usually filed where the injury happened, even when the company is based elsewhere.
FAQ
Questions people ask.
Can I sue the store where I bought it?
Usually the claim is against the manufacturer. Texas protects sellers that only resold the product, with exceptions, such as when the seller changed it, installed it, knew of the defect, or the manufacturer is out of reach of Texas courts.
The product was not recalled. Do I still have a case?
You might. Recalls are voluntary or slow in many cases. A defect can be shown through testing and engineering even without a recall.
I already threw the product away. Is my case over?
Not always, but it is much harder. Photos, receipts, identical products and witness descriptions can sometimes fill the gap. Call us before anything else is lost.
How old can the product be?
Texas generally bars product suits filed more than 15 years after the product was first sold, with narrow exceptions such as a longer written warranty or certain slow-developing diseases.
Why do product cases take so long?
They need engineering, testing and documents from the company, and large manufacturers rarely settle early. We tell you honestly what to expect before we start.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
- Burn injuries
- Car accidents
- Catastrophic injuries
- Workplace injuries
- Injuries to children
- Wrongful death
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.