Omar Ochoa Law Firm

What Is the Average Product Liability Settlement in Texas in 2025?

Created:

June 10, 2025

by

Omar Ochoa

June 10, 2025

June 10, 2025

What happens when something you trusted turns out to be dangerously defective? The shock and pain of an injury caused by a faulty product quickly become questions about accountability and compensation. How much is a fair settlement? How do you hold those at fault responsible?

In this article, our product liability lawyers explore the average settlement amounts for product liability cases in Texas, the factors that influence those figures, and how you can take the next step toward justice after being harmed by a product that never should have failed.

How Much Is a Product Liability Settlement Worth in Texas?

Product liability lawsuit settlements vary widely, ranging from thousands to millions of dollars. While some reports suggest the average settlement falls between $30,000 and $100,000, this range can be misleading without context.

The reality is that no "average" settlement accurately represents what your specific case might be worth. Each product liability case presents unique circumstances that affect the final settlement amount:

  • A defective medical device might result in a higher settlement due to ongoing medical expenses and potential lifelong complications.
  • A faulty consumer product causing moderate injuries might settle for a lower amount.
  • A dangerous automobile component leading to catastrophic injury or wrongful death could command substantial compensation.

Texas courts consider numerous factors when determining compensation, including the nature of the defect, the manufacturer's knowledge of potential dangers, and the extent of the victim's suffering.

Key Factors That Influence Your Product Liability Settlement

Several critical elements influence the potential settlement value of your product liability claim in Texas:

  • Severity and permanence of injuries: More serious or permanent injuries (including wrongful death) typically lead to higher settlements.
  • Clear evidence of defect: Strong documentation that shows the product was defectively designed, manufactured, or labeled is essential.
  • Texas product liability laws: Governed by the Texas Civil Practice and Remedies Code, these laws include comparative fault and strict filing deadlines that may affect your claim.
  • Degree of negligence: If the manufacturer acted with gross negligence or knowingly ignored risks, you may be entitled to additional compensation.
  • Lost income: Current and projected lost wages are considered, especially critical for younger victims with long-term income loss.
  • Available insurance coverage: Insurance policy limits can act as practical caps on the final settlement.
  • Quality of legal representation: Working with our experienced Texas product liability lawyer can make a significant difference in outcome and settlement size.

In Texas specifically, the state's modified comparative fault rule means your settlement could be reduced if you're found partially responsible for your injuries. Understanding these factors helps set realistic expectations about potential compensation.

How to Assess the Value of a Product Liability Lawsuit

Determining the value of a product liability case requires careful analysis of all losses you've suffered, both financial and emotional. In Texas, compensation typically falls into three categories: economic damages, non-economic damages, and punitive damages.

Economic Damages

Economic damages represent the tangible financial losses resulting from a defective product injury. These damages are typically the most straightforward to calculate and generally include:

Medical Expenses

All costs related to treating injuries caused by the defective product, including:

  • Emergency room visits
  • Hospitalization
  • Surgeries
  • Medication
  • Physical therapy
  • Medical equipment
  • Future medical care

Lost Wages and Earning Capacity

Compensation for income lost while recovering from injuries, including:

  • Missed workdays
  • Reduced hours
  • Lost bonuses or commissions
  • Diminished future earning potential (especially in cases of permanent disability)

Property Damage

Property damage refers to any physical harm to your personal belongings or real property directly caused by the defective product. Compensation may include:

  • Repair or replacement costs for items damaged in the incident (e.g., electronics, vehicles, appliances, furniture)
  • Structural damage to your home or business, such as fires caused by faulty wiring or explosions from defective equipment
  • Loss of use, if the damaged property was essential to your daily life or business operations (e.g., a damaged vehicle used for work)

Additional Expenses

Other financial burdens resulting from the injury, such as:

  • Home modifications for accessibility
  • Transportation to medical appointments
  • In-home care services

Texas law allows for full recovery of properly documented economic damages without statutory caps, making thorough documentation essential to maximizing this portion of your settlement.

Non-Economic Damages

Non-economic damages address the intangible impacts of a product-related injury that significantly affect quality of life but don't have direct financial costs. These damages compensate for:

  • Pain and suffering: Physical discomfort and pain resulting from injuries, both immediate and ongoing.
  • Emotional distress: Psychological impact of the injury, including anxiety, depression, fear, and trauma.
  • Loss of enjoyment of life: Diminished ability to participate in hobbies, activities, and experiences previously enjoyed.
  • Disfigurement: Compensation for permanent scarring or visible alterations to appearance.
  • Loss of consortium: Impact on relationships with your spouse.

While Texas doesn't cap non-economic damages in most product liability cases, it's important to note that medical malpractice cases and some government liability claims do have statutory limits.

Punitive Damages

Punitive damages are not tied to your actual losses — they exist to punish the manufacturer or seller for reckless or intentional misconduct and deter future harm.

You may be eligible for punitive damages in Texas if:

  • A company knowingly sold a dangerous product
  • It concealed known defects or safety risks
  • It intentionally disregarded consumer safety

Texas law sets specific standards for punitive damages under the Texas Civil Practice and Remedies Code §41.003, requiring clear and convincing evidence that harm resulted from fraud, malice, or gross negligence.

Texas also imposes caps on punitive damages, limiting them to the greater of:

  • $200,000, or
  • Two times the economic damages plus an amount equal to non-economic damages (capped at $750,000)

Our Texas product liability attorneys at Omar Ochoa Law Firm have successfully helped clients obtain punitive damages in high-stakes cases, and we’re here to help you understand and calculate the full value of your claim.

Omar Ochoa Law Firm: Decades of Experience in Product Liability Cases

Product liability cases involve holding manufacturers accountable for injuries caused by their defective products. At Omar Ochoa Law Firm, we’re not just familiar with Texas product liability law — we’ve built a strong reputation on holding negligent manufacturers accountable and fighting for the maximum compensation our clients deserve.

Don’t wait — your recovery starts with the right legal team. Contact us today for a free, confidential consultation and let us win you maximum compensation for your injuries.

Omar Ochoa

Omar Ochoa has been nationally recognized as one of the best young trial lawyers in the country. He's represented clients in federal and state courts and arbitrations throughout the United States and internationally. He is highly experienced in a wide range of complex litigation and has handled a variety of cases. He has recovered hundreds of millions of dollars for clients of all types — from individuals to mid-sized business owners to multi-national companies.

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    FAQ

    What is the statute of limitations for filing a product liability claim in Texas?

    In Texas, most product liability claims must be filed within two years from the date of injury, with some exceptions under the discovery rule. Texas also has a 15-year statute of repose for most product liability claims, meaning lawsuits generally cannot be filed for products older than 15 years. Consulting with a Texas product liability attorney promptly after discovering an injury is crucial to preserve your right to compensation.

    What is the statute of limitations for filing a product liability claim in Texas?

    In Texas, most product liability claims must be filed within two years from the date of injury, with some exceptions under the discovery rule. Texas also has a 15-year statute of repose for most product liability claims, meaning lawsuits generally cannot be filed for products older than 15 years. Consulting with a Texas product liability attorney promptly after discovering an injury is crucial to preserve your right to compensation.

    What is the statute of limitations for filing a product liability claim in Texas?

    In Texas, most product liability claims must be filed within two years from the date of injury, with some exceptions under the discovery rule. Texas also has a 15-year statute of repose for most product liability claims, meaning lawsuits generally cannot be filed for products older than 15 years. Consulting with a Texas product liability attorney promptly after discovering an injury is crucial to preserve your right to compensation.

    What is the statute of limitations for filing a product liability claim in Texas?

    In Texas, most product liability claims must be filed within two years from the date of injury, with some exceptions under the discovery rule. Texas also has a 15-year statute of repose for most product liability claims, meaning lawsuits generally cannot be filed for products older than 15 years. Consulting with a Texas product liability attorney promptly after discovering an injury is crucial to preserve your right to compensation.

    What is the statute of limitations for filing a product liability claim in Texas?

    In Texas, most product liability claims must be filed within two years from the date of injury, with some exceptions under the discovery rule. Texas also has a 15-year statute of repose for most product liability claims, meaning lawsuits generally cannot be filed for products older than 15 years. Consulting with a Texas product liability attorney promptly after discovering an injury is crucial to preserve your right to compensation.

    What types of products most commonly lead to liability claims in Texas?

    Common products involved in Texas liability cases include defective vehicles, dangerous pharmaceutical drugs, malfunctioning medical devices, toxic chemicals, defective industrial equipment, and unsafe consumer products. The specific product category can influence settlement amounts, as some industries have established patterns for resolving claims.

    What types of products most commonly lead to liability claims in Texas?

    Common products involved in Texas liability cases include defective vehicles, dangerous pharmaceutical drugs, malfunctioning medical devices, toxic chemicals, defective industrial equipment, and unsafe consumer products. The specific product category can influence settlement amounts, as some industries have established patterns for resolving claims.

    What types of products most commonly lead to liability claims in Texas?

    Common products involved in Texas liability cases include defective vehicles, dangerous pharmaceutical drugs, malfunctioning medical devices, toxic chemicals, defective industrial equipment, and unsafe consumer products. The specific product category can influence settlement amounts, as some industries have established patterns for resolving claims.

    What types of products most commonly lead to liability claims in Texas?

    Common products involved in Texas liability cases include defective vehicles, dangerous pharmaceutical drugs, malfunctioning medical devices, toxic chemicals, defective industrial equipment, and unsafe consumer products. The specific product category can influence settlement amounts, as some industries have established patterns for resolving claims.

    What types of products most commonly lead to liability claims in Texas?

    Common products involved in Texas liability cases include defective vehicles, dangerous pharmaceutical drugs, malfunctioning medical devices, toxic chemicals, defective industrial equipment, and unsafe consumer products. The specific product category can influence settlement amounts, as some industries have established patterns for resolving claims.

    How long does it typically take to settle a product liability claim?

    Simple product liability cases might settle within 6-12 months, while complex cases involving serious injuries or multiple defendants could take 2-4 years. Factors affecting the timeline include the extent of injuries, the clarity of liability evidence, the number of parties involved, and whether the case proceeds to trial.

    How long does it typically take to settle a product liability claim?

    Simple product liability cases might settle within 6-12 months, while complex cases involving serious injuries or multiple defendants could take 2-4 years. Factors affecting the timeline include the extent of injuries, the clarity of liability evidence, the number of parties involved, and whether the case proceeds to trial.

    How long does it typically take to settle a product liability claim?

    Simple product liability cases might settle within 6-12 months, while complex cases involving serious injuries or multiple defendants could take 2-4 years. Factors affecting the timeline include the extent of injuries, the clarity of liability evidence, the number of parties involved, and whether the case proceeds to trial.

    How long does it typically take to settle a product liability claim?

    Simple product liability cases might settle within 6-12 months, while complex cases involving serious injuries or multiple defendants could take 2-4 years. Factors affecting the timeline include the extent of injuries, the clarity of liability evidence, the number of parties involved, and whether the case proceeds to trial.

    How long does it typically take to settle a product liability claim?

    Simple product liability cases might settle within 6-12 months, while complex cases involving serious injuries or multiple defendants could take 2-4 years. Factors affecting the timeline include the extent of injuries, the clarity of liability evidence, the number of parties involved, and whether the case proceeds to trial.

    Will my product liability case go to trial or settle out of court?

    The majority of product liability cases in Texas settle before reaching trial, with over 90% resolving through negotiation. Omar Ochoa Law Firm prepares every case as if it will go to trial, strengthening our negotiating position and ensuring readiness if court proceedings become necessary.

    Will my product liability case go to trial or settle out of court?

    The majority of product liability cases in Texas settle before reaching trial, with over 90% resolving through negotiation. Omar Ochoa Law Firm prepares every case as if it will go to trial, strengthening our negotiating position and ensuring readiness if court proceedings become necessary.

    Will my product liability case go to trial or settle out of court?

    The majority of product liability cases in Texas settle before reaching trial, with over 90% resolving through negotiation. Omar Ochoa Law Firm prepares every case as if it will go to trial, strengthening our negotiating position and ensuring readiness if court proceedings become necessary.

    Will my product liability case go to trial or settle out of court?

    The majority of product liability cases in Texas settle before reaching trial, with over 90% resolving through negotiation. Omar Ochoa Law Firm prepares every case as if it will go to trial, strengthening our negotiating position and ensuring readiness if court proceedings become necessary.

    Can I file a claim if the defective product didn't come with a warranty?

    Yes. You can pursue a product liability claim even without a warranty, as Texas product liability laws exist independently of warranty coverage. Claims can be based on design defects, manufacturing errors, or inadequate warnings — none of which require a warranty to establish liability.

    Can I file a claim if the defective product didn't come with a warranty?

    Yes. You can pursue a product liability claim even without a warranty, as Texas product liability laws exist independently of warranty coverage. Claims can be based on design defects, manufacturing errors, or inadequate warnings — none of which require a warranty to establish liability.

    Can I file a claim if the defective product didn't come with a warranty?

    Yes. You can pursue a product liability claim even without a warranty, as Texas product liability laws exist independently of warranty coverage. Claims can be based on design defects, manufacturing errors, or inadequate warnings — none of which require a warranty to establish liability.

    Can I file a claim if the defective product didn't come with a warranty?

    Yes. You can pursue a product liability claim even without a warranty, as Texas product liability laws exist independently of warranty coverage. Claims can be based on design defects, manufacturing errors, or inadequate warnings — none of which require a warranty to establish liability.

    Can I file a claim if the defective product didn't come with a warranty?

    Yes. You can pursue a product liability claim even without a warranty, as Texas product liability laws exist independently of warranty coverage. Claims can be based on design defects, manufacturing errors, or inadequate warnings — none of which require a warranty to establish liability.

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