PRODUCTS LIABILITYLawsuits typically involve an alleged defective design of a product

Products Liability

Product liability claims, especially in the context of Catastrophic Injury and Wrongful Death, can result in multi-million-dollar judgments and, in some cases, bankruptcy.

In Texas, damages arising out of personal injury, death, or property damage allegedly caused by a defective product are a strict liability offense. This means that without a clear statutory defense such as an assumption of risk or an unrelated contributing injury, the circumstances that led to the injury do not matter.

Product liability matters are incredibly complex to defend. Whether you are a manufacturer of a product that led to harm, or a seller of a product alleged to have caused an injury, rely on Fee Smith’s personal injury trial attorneys to protect your interests. With many years of product liability defense experience, we represent defendants in product defect matters related to ATVs (all-terrain vehicles), truck and automobile parts and accessories, fitness equipment, and industrial and heavy equipment, and many other various and unique products. Our Products Liability team works with engineering, manufacturing, design, bio-mechanical and medical professionals to develop strong defense strategies that challenge claimants to meet Texas’ heightened burden of proof in establishing an alleged defect. When warranted, we negotiate reasonable settlements that allow you to run your business without disruption.

Products Nationwide


Our attorneys have a wealth of experience in successfully defending major corporations throughout the state of Texas. As designers, manufacturers, distributors, or sellers, many of Fee Smith’s clients rely on us to provide internal control guidance that effectively defends their products nationwide. We routinely provide consultation regarding policies, procedures, and warnings that help our clients identify and mitigate potential risks.

Frequently Asked Questions

What steps should my company take to prepare for potential litigation in Texas?

If your company is facing the possibility of litigation in Texas, it’s essential to take certain steps to prepare. First, gather and organize all relevant documents, contracts, and communications related to the dispute. Consult with your in-house legal team or engage outside counsel to evaluate the strengths and weaknesses of your case. It’s crucial to preserve any electronic or physical evidence that may be relevant to the litigation. Finally, communicate openly and regularly with your trial lawyer to ensure a comprehensive understanding of the situation and develop an effective legal strategy.

Can my company be sued in multiple jurisdictions in Texas?

Yes, it’s possible for a company to be sued in multiple jurisdictions within Texas. This can occur if the company has operations, employees, or significant contacts in different counties or cities across the state. In such cases, it’s crucial to work with an experienced trial lawyer who understands the complexities of multi-jurisdictional litigation. They can help you navigate the various procedural rules and strategize the most effective approach to handle the litigation in each jurisdiction.

How long does the litigation process typically take for a company in Texas?

The duration of litigation can vary widely depending on the specific circumstances of the case. Complex commercial disputes involving companies often take longer than simple personal injury cases. The litigation process in Texas generally involves several stages, including pleadings, discovery, pre-trial motions, trial, and potentially an appeal. It’s challenging to provide an exact timeline, as each case is unique. However, your trial lawyer can provide a rough estimate based on their experience and knowledge of the specific court where the case is being litigated.

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