How to Pursue Product Liability in San Antonio

Product liability refers to the legal responsibility manufacturers, distributors, suppliers, and retailers bear when a defective or dangerous product causes injury or harm. In San Antonio, as in the rest of Texas, victims of defective products have the right to seek compensation through civil litigation. Understanding how to pursue product liability claims is essential for anyone who has suffered physical harm, financial loss, or emotional distress due to a faulty item—whether it’s a malfunctioning appliance, a contaminated food product, a defective vehicle part, or a dangerous pharmaceutical drug.

Unlike personal injury claims based on negligence alone, product liability cases often rely on strict liability, meaning the plaintiff does not need to prove the defendant was careless—only that the product was defective and caused harm. This legal principle significantly lowers the burden of proof for victims, making it a powerful tool for justice. However, navigating the complexities of product liability law requires careful documentation, expert analysis, and strategic legal action.

San Antonio’s legal environment, shaped by Texas state statutes and local court procedures, presents unique challenges and opportunities. While the city boasts experienced product liability attorneys and a well-established civil court system, claimants must act swiftly, gather compelling evidence, and understand the nuances of Texas product liability law to maximize their chances of success. This guide provides a comprehensive, step-by-step roadmap for individuals seeking to pursue a product liability claim in San Antonio—from initial assessment to settlement or trial.

Step-by-Step Guide

1. Recognize the Signs of a Defective Product

The first step in pursuing product liability is identifying whether the product involved was indeed defective. Under Texas law, a product is considered defective if it falls into one of three categories: design defect, manufacturing defect, or failure to warn.

A design defect occurs when the product’s blueprint is inherently unsafe—even if manufactured perfectly. For example, a children’s car seat with a flawed harness system that fails under normal use. A manufacturing defect happens when an error occurs during production, making one or a few units dangerous. Think of a batch of medication contaminated with toxic substances. A failure to warn defect arises when the manufacturer does not provide adequate instructions or safety warnings about known risks. An example would be a power tool sold without a warning about the risk of electric shock when used near water.

If you or someone you know experienced injury, illness, or property damage after using a product as intended—or even in a reasonably foreseeable way—you may have grounds for a claim. Document the nature of the injury, the product model, the date of purchase, and the circumstances surrounding the incident.

2. Preserve All Evidence Immediately

Evidence is the backbone of any product liability case. In San Antonio courts, the absence of physical evidence can lead to dismissal or significantly weaken your claim. Immediately after the incident:

• Do not discard the product, even if it appears damaged. Store it in a secure, clean location.
• Keep the original packaging, receipt, warranty card, and instruction manual.
• Take high-resolution photographs of the product from multiple angles, including any visible defects, labels, or serial numbers.
• If the product caused property damage (e.g., a faulty heater started a fire), photograph the damage and preserve affected items.
• Save all medical records, bills, prescriptions, and doctor’s notes related to the injury.
• Record witness statements, if applicable. Obtain names and contact information from anyone who saw the incident.

Do not attempt to repair or modify the product. Doing so may be interpreted as tampering and could destroy critical forensic evidence. In some cases, experts may need to examine the product under controlled conditions to determine the root cause of failure.

3. Seek Medical Attention and Document Injuries

Even if injuries seem minor at first, it is crucial to seek medical evaluation. Some injuries—such as internal trauma, chemical burns, or delayed-onset neurological effects—may not be immediately apparent. A timely medical record not only protects your health but also establishes a direct link between the product and your condition.

When visiting a healthcare provider, be specific: explain exactly how the product was used, what happened, and when. Avoid vague descriptions like “it broke” or “it hurt.” Instead, say: “The electric kettle exploded while boiling water, causing second-degree burns on my left forearm.”

Keep a journal documenting pain levels, mobility restrictions, sleep disturbances, and emotional distress. This diary becomes invaluable when calculating non-economic damages like pain and suffering.

4. Identify All Potentially Liable Parties

In Texas, product liability claims can target multiple parties in the supply chain. These may include:

• The manufacturer
• The distributor
• The wholesaler
• The retailer
• The designer or engineer
• The installer or service provider (if applicable)

Identifying all responsible parties increases your chances of full compensation. For example, if a defective tire caused a crash, the tire manufacturer, the vehicle maker (if the tire was installed at the factory), and the auto shop that replaced it could all share liability.

Research the product’s brand, model number, and any associated corporate entities. Use the product’s barcode, serial number, or recall notices (available through the U.S. Consumer Product Safety Commission) to trace its origin. In San Antonio, many cases involve products imported from overseas, so identifying international manufacturers may require legal assistance to serve proper notice.

5. Consult a San Antonio Product Liability Attorney

While it is legally possible to file a product liability claim without an attorney, the complexity of these cases makes professional representation essential. Product liability litigation involves intricate rules of evidence, expert testimony, discovery procedures, and often, corporate legal teams with vast resources.

When selecting an attorney in San Antonio, look for someone with:

• Proven experience in product liability cases, not just general personal injury
• Access to forensic engineers, medical experts, and product safety consultants
• A track record of success in Bexar County courts
• Willingness to take cases on contingency (no fees unless you win)

During your initial consultation, bring all documentation, photos, and medical records. The attorney will evaluate the strength of your case, estimate potential damages, and explain the statute of limitations. In Texas, you generally have 15 years from the date of injury to file a product liability claim, but exceptions apply for minors or latent injuries. It’s best to act within the first year to preserve evidence and witness memories.

6. File a Formal Complaint in Bexar County Court

If your attorney determines your case has merit, they will draft and file a civil complaint in the appropriate Texas court—most often the Bexar County District Court. The complaint must include:

• Your name and contact information
• The names and addresses of all defendants
• A clear statement of facts describing the product, defect, and injury
• The legal theory (strict liability, negligence, or breach of warranty)
• A request for specific damages (medical expenses, lost wages, pain and suffering, punitive damages)

Once filed, the court will issue a summons, and your attorney will serve each defendant with legal notice. Defendants typically have 20 days to respond. Their attorneys may deny liability, challenge the evidence, or argue contributory fault.

7. Engage in the Discovery Process

Discovery is the phase where both sides exchange information. This includes:

• Written interrogatories (questions under oath)
• Requests for production of documents (e.g., internal memos, testing reports, recall histories)
• Depositions (sworn oral testimony from parties and witnesses)
• Requests for admission (statements the opposing side must confirm or deny)

Your attorney will use discovery to uncover internal corporate communications that may prove the manufacturer knew about the defect. For example, emails showing engineers flagged a design flaw but it was ignored to save costs can be devastating evidence.

Discovery can last several months. During this time, your attorney may request independent testing of the product by a third-party expert. These experts will provide sworn affidavits and may testify at trial.

8. Negotiate a Settlement or Prepare for Trial

Most product liability cases settle before trial. Your attorney will engage in settlement negotiations with the defendants’ legal team. Settlement offers are often based on:

• Medical expenses incurred and projected
• Lost income and future earning capacity
• Permanent disability or disfigurement
• Pain and suffering
• Punitive damages (if gross negligence or intentional misconduct is proven)

San Antonio juries have awarded substantial verdicts in product liability cases, particularly when corporate negligence is evident. However, settlement offers may be low initially. Do not accept the first offer without consulting your attorney.

If negotiations fail, your case will proceed to trial. In Bexar County, trials are held in the 45th, 73rd, or 166th District Courts, depending on case complexity. The trial process includes jury selection, opening statements, presentation of evidence, expert testimony, closing arguments, and deliberation. Trials can last from several days to weeks.

9. Collect Your Award or Appeal if Necessary

If you win at trial, the court will issue a judgment specifying the amount owed. The defendant may appeal the decision, which can delay payment for months or even years. Your attorney will monitor the appeals process and advise on next steps.

Once the judgment is final, your attorney will help enforce it—whether through wage garnishment, asset seizure, or insurance payout. In Texas, many product liability claims are covered by product liability insurance carried by manufacturers and retailers.

Best Practices

Act Quickly, But Don’t Rush

While Texas allows up to 15 years to file a claim, evidence degrades over time. Witnesses forget details, products are discarded, and corporate records may be purged. Begin your investigation within weeks of the incident. However, avoid making public statements about the case on social media or to the press. Anything you say can be used against you.

Understand Texas’ Comparative Fault Rule

Texas follows a modified comparative fault system. If you are found to be more than 50% responsible for your injury, you cannot recover damages. If you are 40% at fault, your compensation is reduced by 40%. For example, if your total damages are $100,000 and you are found 30% at fault, you receive $70,000.

Defendants may argue you misused the product, failed to follow instructions, or ignored warnings. Your attorney must anticipate and counter these defenses with clear evidence of proper use and inadequate warnings.

Focus on the Product, Not the Brand

Emotional reactions to a brand (e.g., “I trusted this company”) are not legal arguments. Focus on objective facts: the defect, the harm, and the causal link. Avoid inflammatory language in communications. Let the evidence speak.

Use Medical and Engineering Experts Strategically

Expert testimony is often required to prove a product defect. In San Antonio, reputable experts include mechanical engineers for appliance cases, toxicologists for food or pharmaceutical claims, and biomechanical specialists for injury analysis. Your attorney will select experts with strong credentials and courtroom experience.

Document Everything in Writing

Verbal agreements or promises from manufacturers or retailers are not legally binding. Always request written confirmations, especially regarding recalls, repairs, or compensation offers. Keep a log of all communications, including dates, names, and summaries.

Be Aware of Statutes of Repose

While the statute of limitations is 15 years, Texas also has a statute of repose for certain products. For example, construction materials may be protected after 10 years from installation, regardless of when injury occurs. Your attorney will determine if this applies to your case.

Tools and Resources

U.S. Consumer Product Safety Commission (CPSC)

The CPSC maintains a public database of product recalls, incident reports, and safety alerts. Visit www.cpsc.gov to search for your product by name, model, or category. This database can confirm whether a defect was previously known and whether the manufacturer issued a recall.

Texas Department of State Health Services (DSHS)

For cases involving contaminated food, beverages, or pharmaceuticals, the DSHS tracks outbreaks and health violations. Their reports can serve as critical evidence in product liability claims. Access reports at www.dshs.texas.gov.

Bexar County District Clerk’s Office

Review past product liability verdicts and settlements in Bexar County. The District Clerk’s website provides access to public court records. Search by party name, case number, or keyword to understand how similar cases have been resolved. This helps set realistic expectations for your claim.

Product Liability Resource Center (PLRC)

A national nonprofit that provides free educational materials on product safety and legal rights. Their guides on identifying defects and preparing for litigation are invaluable for self-advocacy. Visit www.plrc.org.

Legal Aid Services of San Antonio

While most product liability cases are handled by private attorneys on contingency, low-income residents may qualify for assistance through Legal Aid. They provide guidance on filing procedures and can refer you to pro bono counsel. Contact them at www.legalaidsa.org.

Expert Witness Directories

Attorneys often use directories like the American Society of Mechanical Engineers (ASME), the National Association of Forensic Engineers (NAFE), or the Expert Witness Institute to find qualified professionals. These organizations verify credentials and specialize in product failure analysis.

Document Management Software

Use tools like Evernote, Google Drive, or Dropbox to organize your case files. Create labeled folders: “Medical Records,” “Product Photos,” “Correspondence,” “Receipts,” and “Expert Reports.” Back up all data to multiple locations to prevent loss.

Real Examples

Case 1: Defective Baby Stroller in San Antonio

In 2021, a mother in the Alamo Heights neighborhood suffered severe lacerations when the safety harness on her infant stroller failed during a routine walk. The stroller, purchased from a local retailer, had no visible warning labels about the risk of buckle failure under pressure. The mother filed a product liability claim against the manufacturer and distributor.

Evidence included: the original stroller (with broken buckle), photos of the injury, medical bills totaling $18,000, and a CPSC recall notice for the same model issued three months after her incident. An engineering expert testified that the buckle design violated ASTM safety standards. The case settled for $225,000, including punitive damages for failure to warn.

Case 2: Contaminated Canned Food from a Local Distributor

In 2020, a family of four in South San Antonio became ill after consuming canned beans purchased from a neighborhood grocery. Two children were hospitalized with botulism. Testing revealed the cans had been improperly sealed by a regional distributor who failed to follow FDA sterilization protocols.

The family’s attorney obtained internal emails from the distributor showing employees had flagged seal defects but were instructed to “ship anyway.” The case went to trial in the 45th District Court. The jury awarded $1.2 million in damages, citing gross negligence. The distributor’s insurance paid the full amount.

Case 3: Faulty Electric Heater Causing Home Fire

A homeowner in the Monte Vista district suffered $85,000 in property damage and third-degree burns after an electric space heater caught fire while unattended. The heater, manufactured in China and sold by a San Antonio warehouse, had no automatic shut-off feature or thermal overload protection.

The manufacturer had received over 200 complaints about overheating in the prior year but made no design changes. The attorney hired a fire investigator who concluded the defect was the primary cause. The case settled for $410,000, including compensation for emotional distress and temporary housing.

Case 4: Pharmaceutical Mislabeling

A San Antonio resident took a prescription painkiller labeled as containing 10mg of oxycodone, but the pill contained 30mg due to a manufacturing error. The patient suffered respiratory failure and required emergency intubation. The pharmacy had dispensed the medication correctly, but the manufacturer had failed to implement proper quality control.

The case hinged on proving the defect occurred during production. Lab tests confirmed the dosage discrepancy. The pharmaceutical company settled for $750,000, acknowledging the failure to comply with FDA Good Manufacturing Practices.

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 you borrowed, rented, or were given the product. Ownership is not required; use and injury are the key factors.

How long does a product liability case take in San Antonio?

Simple cases with clear evidence may settle in 6–12 months. Complex cases involving multiple defendants, international manufacturers, or contested causation can take 2–4 years, especially if they go to trial.

What if the product was recalled? Does that help my case?

A recall is strong evidence of a known defect and can significantly strengthen your claim. However, a recall alone does not guarantee compensation. You must still prove the defective product caused your specific injury.

Can I sue if the product was old or used?

Yes. Age or prior use does not automatically disqualify a claim. However, if the product was significantly altered, improperly maintained, or past its expected lifespan, the defendant may argue you assumed the risk. Your attorney will evaluate whether the defect existed at the time of sale.

Are punitive damages available in San Antonio product liability cases?

Yes, if you can prove the defendant acted with gross negligence, fraud, or willful disregard for safety. Punitive damages are not automatic but have been awarded in cases where manufacturers concealed known risks.

What if the manufacturer is out of business?

You may still have recourse. Liability may shift to the company’s insurance, successor entities, or parent corporations. In some cases, trust funds established for bankrupt manufacturers may compensate victims.

Do I need to prove the company was negligent?

No. Under Texas strict liability law, you only need to prove the product was defective and caused harm. You do not need to show the company was careless or knew about the defect—though proving knowledge can increase damages.

Can I file a claim for emotional distress alone?

Generally, no. Emotional distress claims in product liability require accompanying physical injury or property damage. However, if the product caused a traumatic event (e.g., a child’s death due to a defective crib), emotional distress damages are included in wrongful death claims.

Conclusion

Pursuing a product liability claim in San Antonio is a powerful way to hold corporations accountable for unsafe products and to secure justice for those harmed by their negligence. While the process is complex, involving legal strategy, technical evidence, and emotional resilience, the system is designed to protect consumers when products fail.

By following the steps outlined in this guide—preserving evidence, seeking expert medical and legal counsel, understanding Texas law, and leveraging available resources—you position yourself for the strongest possible outcome. Real-world cases in San Antonio demonstrate that when victims act decisively and methodically, they can overcome powerful corporate defenses and win fair compensation.

Product liability is not just about money—it’s about safety. Every successful claim sends a message to manufacturers: cut corners at your peril. Your actions may prevent future injuries to others. If you or a loved one has been harmed by a defective product, do not wait. Document everything. Consult an attorney. And take the first step toward justice today.