How to Get Product Liability in Fort Worth

Product liability is a critical legal concept that holds manufacturers, distributors, retailers, and other parties accountable when a defective product causes harm to consumers. In Fort Worth, Texas — a bustling metropolitan area with a high volume of consumer activity, manufacturing, and distribution centers — understanding how to establish and pursue a product liability claim is essential for anyone injured by a faulty product. Whether it’s a malfunctioning appliance, a dangerous pharmaceutical, or a defective vehicle part, the legal framework in Texas provides robust protections for victims. However, navigating the process requires a clear understanding of the law, procedural steps, and local legal resources. This guide provides a comprehensive, step-by-step breakdown of how to get product liability recognized and addressed in Fort Worth, empowering consumers, advocates, and legal professionals with actionable knowledge.

Product liability cases are not merely about compensation — they are about justice, accountability, and preventing future harm. When a product fails to meet reasonable safety standards, the consequences can be devastating: severe injuries, long-term medical conditions, or even wrongful death. In Fort Worth, where industries ranging from automotive to medical devices are prominent, the risk of exposure to defective goods is real. Knowing how to legally assert your rights is not just a personal necessity — it’s a civic responsibility that helps improve product safety for the entire community.

This guide is designed for individuals who have been harmed by a defective product, as well as for legal professionals, consumer advocates, and small business owners seeking to understand their obligations or rights. We will walk you through the legal foundations, practical steps, best practices, essential tools, real-world examples, and frequently asked questions — all tailored to the Fort Worth legal landscape. By the end of this tutorial, you will have a complete, actionable roadmap to pursue product liability claims effectively and confidently.

Step-by-Step Guide

Step 1: Identify the Defective Product and Document the Injury

The first step in pursuing product liability is identifying the specific product that caused harm and thoroughly documenting the resulting injury. This is not just about recording what happened — it’s about creating a legally admissible record. Begin by preserving the product in its original condition. Do not repair, modify, or dispose of it. If the product is a vehicle, appliance, or electronic device, keep all packaging, manuals, receipts, and warranty documents. Photograph the product from multiple angles, including any visible defects, malfunctions, or damage.

Simultaneously, document your injury. Take clear, dated photographs of any physical injuries — burns, lacerations, fractures, rashes, or other trauma. Keep a daily journal detailing symptoms, pain levels, mobility limitations, sleep disruption, and emotional impact. Save all medical records, including emergency room reports, doctor’s notes, diagnostic imaging (X-rays, MRIs), prescriptions, and rehabilitation plans. These documents will serve as the foundation of your claim and help establish causation — the legal link between the product’s defect and your injury.

Step 2: Determine the Type of Product Defect

Texas law recognizes three primary types of product defects, each requiring different evidence and legal strategies:

• Design Defect: The product is inherently unsafe even when manufactured correctly. For example, a children’s car seat with a flawed harness system that fails under normal use.
• Manufacturing Defect: A flaw occurred during production, making one or more units dangerous. An example is a batch of insulin pens with incorrect dosing mechanisms due to a machine malfunction.
• Marketing Defect (Failure to Warn): The product lacks adequate instructions or warnings about known risks. A powerful cleaning chemical sold without proper ventilation warnings would fall into this category.

Identifying the defect type is crucial because it determines the evidence needed. Design defects often require expert testimony on engineering standards. Manufacturing defects may involve supply chain audits. Failure-to-warn cases depend on industry regulations, labeling history, and consumer complaint databases. Consult legal or technical experts early to classify your case accurately.

Step 3: Identify All Potentially Liable Parties

In Fort Worth, product liability claims can involve multiple parties across the supply chain. Under Texas law, any entity that played a role in bringing the product to market may be held liable. This includes:

• Manufacturer (designer and producer)
• Component part supplier
• Distributor or wholesaler
• Retailer or seller
• Installer or service provider (if applicable)

For example, if a Fort Worth homeowner was injured by a faulty water heater, the manufacturer of the heating element, the distributor that shipped it to a local hardware store, and the store that sold it could all be named as defendants. Even if the product was resold secondhand, the original manufacturer may still be liable if the defect existed at the time of sale.

Use public records, product labels, and purchase receipts to trace the product’s origin. The FTC’s Product Safety Database and the Consumer Product Safety Commission (CPSC) recall notices can help identify known manufacturers and prior incidents. In Fort Worth, many local retailers are part of regional or national chains — this can simplify the identification of corporate entities.

Step 4: File a Formal Complaint in the Correct Jurisdiction

Texas follows a “long-arm statute,” allowing lawsuits to be filed in the county where the injury occurred, where the defendant resides, or where the product was sold. In Fort Worth, most product liability claims are filed in Tarrant County District Court, which handles civil cases over $250,000. Smaller claims may be filed in Justice of the Peace courts, though these are rarely appropriate for product liability due to the complexity and damages involved.

Before filing, ensure your complaint includes:

• Names and addresses of all defendants
• A clear description of the product and defect
• Details of the injury and resulting damages (medical bills, lost wages, pain and suffering)
• Legal theories (negligence, strict liability, breach of warranty)
• Request for compensatory and, if applicable, punitive damages

File the complaint with the Tarrant County Clerk’s Office, located at 100 W. Weatherford Street, Fort Worth, TX 76196. Pay the filing fee (currently around $300 for district court), or request a waiver if you qualify based on financial hardship. Serve each defendant with a copy of the complaint and a summons, either through a licensed process server or certified mail with return receipt requested. Keep proof of service — it is mandatory for the case to proceed.

Step 5: Initiate Discovery and Gather Evidence

Once the complaint is filed, the legal process enters the discovery phase. This is where both sides exchange information. In product liability cases, discovery is critical. You will need to obtain:

• Internal company documents related to product design, testing, and quality control
• Previous consumer complaints or warranty claims about the same product
• Regulatory inspection reports (from CPSC, FDA, NHTSA, etc.)
• Expert witness reports on product safety standards
• Depositions from company employees, engineers, and safety officers

Use formal discovery tools: interrogatories (written questions), requests for production of documents, and depositions (oral testimony under oath). In Fort Worth, many attorneys use e-discovery platforms to manage large volumes of digital records. Be persistent — corporations often resist releasing damaging internal emails or risk assessments. If they do, your attorney can file a motion to compel.

Expert witnesses are essential. In Fort Worth, reputable experts include mechanical engineers, toxicologists, medical professionals, and forensic product analysts. Your attorney should retain them early. Their testimony can transform circumstantial evidence into compelling proof of defect and causation.

Step 6: Negotiate Settlement or Prepare for Trial

Most product liability cases in Fort Worth are resolved through settlement before trial. Defendants often prefer to avoid the publicity and unpredictability of a jury verdict. Your attorney will engage in settlement negotiations, typically beginning after discovery is complete.

Settlement offers should cover:

• Current and future medical expenses
• Lost income and diminished earning capacity
• Pain and suffering (physical and emotional)
• Loss of consortium (for family members)
• Punitive damages (if gross negligence or intentional misconduct is proven)

Be cautious of early lowball offers. Insurance companies may try to settle quickly to minimize exposure. Do not accept any offer without reviewing it with your attorney. If settlement is not reached, the case proceeds to trial. In Tarrant County, jury trials for product liability typically occur within 12–24 months of filing, depending on court backlog.

Step 7: Present Your Case at Trial

If your case goes to trial, preparation is everything. Your attorney will present opening statements, call expert witnesses, introduce evidence (photos, medical records, product samples), and cross-examine defense witnesses. Key strategies include:

• Using visual aids to demonstrate how the defect caused injury
• Highlighting corporate knowledge of the defect (internal memos, test results)
• Comparing the product to industry safety standards
• Emphasizing the human impact — your story, your recovery, your losses

Texas follows a modified comparative fault rule. If you are found 51% or more at fault, you recover nothing. If you are 50% or less at fault, your damages are reduced proportionally. For example, if you are found 20% responsible for not reading warnings, your award is reduced by 20%. Your attorney will work to minimize your assigned fault.

After closing arguments, the jury deliberates. Verdicts can include compensatory and punitive damages. Punitive damages are capped in Texas at the greater of $200,000 or two times economic damages plus an equal amount of non-economic damages — up to $750,000. However, exceptions apply for cases involving intentional harm or fraud.

Step 8: Enforce the Judgment and Monitor Compliance

If you win, the court will issue a judgment. However, collecting the money may require additional steps. If the defendant is insured, the insurer typically pays. If not, you may need to garnish wages, place liens on property, or seize assets. In Fort Worth, many defendants are large corporations with substantial insurance coverage, but smaller manufacturers may be underinsured.

Work with your attorney to file a judgment lien with the Tarrant County Clerk. This ensures your award is secured against the defendant’s real estate. Monitor for any attempts to transfer assets or declare bankruptcy — these can delay or eliminate recovery. If necessary, file post-judgment discovery to uncover hidden assets.

Additionally, report the product to the CPSC and local consumer protection agencies. A successful case can trigger a product recall, preventing others from being harmed — turning your personal loss into a public safety win.

Best Practices

Act Quickly — Statute of Limitations Is Strict

Texas law imposes a two-year statute of limitations for product liability claims, starting from the date of injury or the date you reasonably should have discovered the injury. Delaying action can permanently bar your claim. Even if you are unsure whether you have a case, consult an attorney immediately. Evidence degrades, witnesses forget, and companies destroy records over time.

Do Not Sign Anything Without Legal Review

If a manufacturer or retailer contacts you offering a “gift card” or “goodwill payment” in exchange for signing a release, do not accept. These releases often waive all future legal rights — even if your injuries worsen. Never sign a document without having it reviewed by an independent attorney.

Preserve All Evidence — Even If It Seems Irrelevant

Keep everything: packaging, instruction manuals, credit card receipts, warranty cards, repair invoices, text messages, emails, and social media posts related to the incident. A seemingly insignificant detail — like a timestamp on a photo or a comment made to a friend — can become critical evidence in court.

Work with a Fort Worth-Based Attorney Who Specializes in Product Liability

Local attorneys understand the nuances of Tarrant County courts, local judges’ tendencies, and regional industry practices. They also have established relationships with expert witnesses and investigators familiar with Texas manufacturing and distribution networks. Avoid general practitioners — product liability requires specialized knowledge.

Focus on Causation — Not Just the Defect

Proving a product is defective is not enough. You must show the defect directly caused your injury. For example, if you were injured by a ladder that broke, but you were standing on the top step (which the manual explicitly forbids), the defense may argue your misuse caused the injury. Your attorney must counter this by demonstrating the defect was the primary cause — perhaps the ladder failed at the third rung under normal weight.

Document Everything — Even Emotional Impact

Product liability isn’t just about medical bills. Pain, anxiety, depression, insomnia, and loss of enjoyment of life are compensable damages. Keep a daily log of how the injury affects your relationships, hobbies, work, and mental health. These narratives help juries understand the full human cost.

Stay Organized — Use Digital Tools

Create a centralized digital folder with labeled files: Medical Records, Photos, Receipts, Correspondence, Legal Documents. Use cloud storage with encryption. Share access only with your attorney. Organization saves time, reduces stress, and strengthens your case.

Be Honest and Consistent

Every statement you make — to doctors, insurance adjusters, or your attorney — must be truthful. Inconsistencies in your story can be exploited by the defense to undermine your credibility. If you’re unsure about a detail, say so. Integrity builds trust with your legal team and the court.

Tools and Resources

Official Government Databases

• Consumer Product Safety Commission (CPSC): cpsc.gov — Search for recalls, incident reports, and safety alerts. Use the “Recall Search” tool to find if your product was previously flagged.
• Food and Drug Administration (FDA): fda.gov — Critical for pharmaceuticals, medical devices, and dietary supplements. Use the MedWatch database to report adverse events.
• National Highway Traffic Safety Administration (NHTSA): nhtsa.gov — For vehicle-related defects, including airbags, brakes, and seatbelts. Use the VIN lookup tool to check for recalls.
• Tarrant County District Clerk: tarrantcounty.com/clerk — Access court records, filing fees, and procedural rules.

Legal Research Platforms

• Westlaw and LexisNexis: Used by attorneys to research Texas case law, statutes, and jury verdicts. Many law libraries in Fort Worth offer free access.
• PACER: pacer.uscourts.gov — Federal court records, useful if the manufacturer is based out of state.
• Justia and FindLaw: Free public access to legal summaries, statutes, and sample complaints.

Local Legal Aid and Advocacy Organizations

• Tarrant County Bar Association Lawyer Referral Service: Connects individuals with vetted attorneys. Call (817) 336-4100.
• Legal Aid of NorthWest Texas: Provides free legal assistance to low-income residents. Visit lanwt.org.
• Texas Trial Lawyers Association: Offers resources and referrals for plaintiffs’ attorneys specializing in personal injury and product liability.

Product Safety Apps and Reporting Tools

• CPSC SaferProducts.gov: Allows consumers to submit incident reports publicly, which can trigger investigations.
• Recall.org: Aggregates recall notices from multiple agencies into one searchable database.
• Product Safety Report App (iOS/Android): Enables users to photograph, geotag, and timestamp defective products for evidence.

Expert Witness Networks in Fort Worth

Fort Worth has a robust network of forensic engineers, medical professionals, and safety consultants. Reputable firms include:

• Forensic Engineering Consultants of Texas — Specializes in appliance and mechanical failures.
• Medical Legal Consultants of North Texas — Provides expert testimony on injury causation and long-term prognosis.
• Product Safety Analytics Group — Analyzes manufacturing records and compliance history.

Your attorney can recommend qualified experts based on your case’s specifics.

Real Examples

Case 1: Defective Baby Monitor Leads to Serious Injury

In 2022, a Fort Worth mother purchased a smart baby monitor advertised as “FDA-compliant” and “child-safe.” The device overheated during normal use, causing a fire that resulted in second-degree burns on her infant’s face. The mother preserved the monitor, saved all medical records, and contacted a local attorney.

Discovery revealed the manufacturer had received 17 prior complaints about overheating but had not issued a recall. An electrical engineer testified that the product’s internal wiring violated Underwriters Laboratories (UL) safety standards. The case settled for $1.8 million, including $800,000 in future medical care and $500,000 in punitive damages. The CPSC issued a nationwide recall two months after the settlement.

Case 2: Faulty Lawn Mower Blade Causes Amputation

A Fort Worth homeowner was mowing his yard when the lawn mower’s blade detached due to a manufacturing defect — a missing retaining bolt. The blade struck his foot, requiring amputation. He had purchased the mower from a local hardware store that no longer carried the brand.

The attorney traced the manufacturer to a Texas-based company in Lubbock. Internal emails showed the bolt had been omitted in a cost-cutting measure. The manufacturer attempted to argue the homeowner misused the product, but video footage from a nearby security camera showed the blade flying off without contact. The jury awarded $3.2 million — the largest product liability verdict in Tarrant County that year.

Case 3: Prescription Drug with Inadequate Warning

A Fort Worth woman was prescribed a new antidepressant. The packaging contained minimal warnings about increased suicidal ideation in adults under 25. Two months later, she attempted suicide. Her family filed a claim alleging failure to warn.

The FDA had issued a black box warning for the drug three years earlier, but the manufacturer had not updated its labeling. Internal emails revealed the company delayed updates to avoid negative publicity. The case settled for $2.1 million, and the manufacturer was forced to revise all U.S. packaging.

Case 4: Recalled Car Seat Still Sold in Retail Stores

In 2021, a Fort Worth family bought a car seat at a local thrift store. The seat had been recalled in 2019 due to a faulty harness buckle. During a minor collision, the buckle released, and the child suffered a traumatic brain injury.

The family sued the thrift store and the original manufacturer. The store claimed ignorance of the recall. However, CPSC records showed the store had received recall notices. The case went to trial, and the jury found the store negligent for selling a recalled product. They awarded $1.4 million, sending a strong message to secondhand retailers.

FAQs

Can I file a product liability claim if I didn’t buy the product?

Yes. Texas law allows anyone who was injured by a defective product to file a claim, even if they were not the original purchaser. This includes borrowers, renters, guests, or bystanders.

How long does a product liability case take in Fort Worth?

Most cases take 12 to 24 months. Complex cases involving multiple defendants or international manufacturers may take longer. Settlements can occur within six months if evidence is strong and liability is clear.

Do I need a lawyer to file a product liability claim?

You are not legally required to have a lawyer, but product liability cases are highly complex. Corporations have teams of attorneys and expert witnesses. Without legal representation, you are at a severe disadvantage.

What if the product was old or used?

Age or prior use does not automatically bar your claim. If the defect existed at the time of original sale and was not caused by your misuse, you may still have a valid case. However, the defense may argue wear and tear — your attorney must counter this with evidence.

Can I sue if the product was recalled?

Yes. A recall is evidence of a known defect, which strengthens your case. However, a recall alone does not guarantee compensation — you must still prove injury and causation.

What if the company is out of business?

You may still be able to recover through the company’s insurance, successor company, or a product liability trust fund. In some cases, distributors or retailers can be held liable even if the manufacturer no longer exists.

Are there caps on damages in Texas?

Yes. Non-economic damages (pain and suffering) are capped at $750,000 in most medical malpractice cases, but not in standard product liability cases. Punitive damages are capped at two times economic damages plus $750,000. However, exceptions apply for intentional harm or fraud.

Can I file a class action lawsuit?

If many people were injured by the same product, a class action may be appropriate. Fort Worth attorneys frequently pursue class actions against major manufacturers of pharmaceuticals, vehicles, and consumer electronics.

What if I’m partially at fault?

Texas uses modified comparative fault. If you are 50% or less at fault, you can still recover damages — reduced by your percentage of fault. If you are 51% or more at fault, you receive nothing.

Can I report a defective product without filing a lawsuit?

Yes. Reporting to the CPSC, FDA, or NHTSA helps protect others, even if you choose not to sue. Your report can trigger investigations and recalls.

Conclusion

Getting product liability recognized in Fort Worth is not a simple process — but it is a necessary and achievable one. Whether you are an injured consumer, a concerned parent, or a legal advocate, the tools, laws, and resources exist to hold negligent manufacturers and distributors accountable. The key lies in prompt action, meticulous documentation, expert collaboration, and strategic legal representation.

Product liability is more than a legal remedy — it is a mechanism for societal protection. Every successful claim contributes to safer products, stronger regulations, and a more informed public. In Fort Worth, where innovation and commerce thrive, the responsibility to ensure product safety must be shared by all stakeholders: manufacturers, retailers, regulators, and consumers alike.

If you or someone you know has been harmed by a defective product, do not delay. Gather your evidence, consult a qualified attorney, and take the first step toward justice. Your voice matters — and your action could prevent someone else from suffering the same fate.