Beverly Law. Updated November 2026.
Hurt by a defective product in Texas?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · No fees or costs unless we win
How the 15-year statute of repose works
Under § 16.012, a products liability action against a manufacturer or seller must be filed before the end of 15 years after the date that defendant sold the product. Manufacturer and seller are defined in § 82.001. Strict liability, negligence, misrepresentation and warranty theories all count, for injury, death, property damage or economic loss.
The clock runs from each defendant’s own sale, so the manufacturer’s cutoff can arrive years before the retailer’s. The section covers sales, not leases, and excludes aircraft claims governed by the federal general aviation repose law (GARA).
Until 2003 the rule covered only manufacturing equipment. House Bill 4 extended it to all products for actions filed on or after July 1, 2003.
Exceptions to the 15-year cutoff
- Longer written warranty. If the manufacturer or seller warranted in writing that the product has a useful safe life longer than 15 years, you have the number of years warranted.
- Latent disease. The cutoff does not apply to a personal injury or wrongful death claim if you allege that you were exposed to the product within 15 years of its first sale, that the exposure caused your disease, and that symptoms did not appear within that 15-year window clearly enough to put a reasonable person on notice of an injury.
In Methodist Healthcare System of San Antonio v. Rankin, No. 08-0316 (Tex. Mar. 12, 2010), the Texas Supreme Court upheld the 10-year repose statute for health care claims against an Open Courts challenge and noted that, by contrast, the Legislature wrote this latent-disease exception directly into the product repose statute.
The discovery rule, minors and wrongful death
Texas applies the discovery rule narrowly, to injuries that are inherently hard to detect. It can delay the two-year clock until you knew or should have known of the injury, but it does not move the 15-year date. In Galbraith Engineering Consultants, Inc. v. Pochucha, 290 S.W.3d 863 (Tex. 2009), a case under the repose statute for engineers, the court described the purpose of repose as a definite end to the potential for liability, unaffected by rules of discovery or accrual.
Under § 16.001, if the injured person is under 18 or of unsound mind when the claim accrues, that time is not counted. A child injured at 10 generally has until age 20. Do not count on age extending the 15-year period; Rankin says repose is not subject to judicially crafted tolling.
For a death, § 16.003(b) gives the family two years from the death. Repose still applies.
Texas product deadlines at a glance
| Situation | Deadline | Law |
|---|---|---|
| Personal injury or property damage | 2 years from when the claim accrues | § 16.003(a) |
| Wrongful death | 2 years from the date of death | § 16.003(b) |
| Injured person under 18 | 2 years, counted from the 18th birthday | § 16.001 |
| Outer limit for most product claims | 15 years from the defendant’s sale | § 16.012(b) |
| Written warranty of a longer safe life | Number of years warranted | § 16.012(c) |
| Latent disease from early exposure | 15-year limit does not apply; 2-year limit still does | § 16.012(d) |
You must meet both deadlines.
Claims against the store versus the manufacturer
Under § 82.003, a seller that did not make the product is not liable unless an exception applies, for example it altered the product, actually knew of the defect, or the manufacturer is insolvent or outside the court’s jurisdiction. Under § 82.002, the manufacturer must indemnify an innocent seller, including attorney fees. The manufacturer is usually the defendant that matters, so identify it early.
How California and Washington compare
| State | Filing deadline | Outer limit |
|---|---|---|
| Texas | 2 years | 15 years from sale, with exceptions |
| California | 2 years for injury or death (Code Civ. Proc. § 335.1) | No general product repose statute |
| Washington | 3 years from discovery of the harm and its cause (RCW 7.72.060(3); see also RCW 4.16.080(2)) | Useful safe life defense; harm more than 12 years after delivery is presumed to fall outside it |
Washington’s 12-year rule is a presumption, and the injured person can rebut it with evidence. For death claims there, see the Washington wrongful death deadline.
What this means for your case
Keep the product as it is, with packaging, manuals and broken parts, and do not send it to the maker or an insurer. Photograph the serial number and find the receipt, since repose depends on sale dates. Save medical records and recall notices. If the product is several years old, talk to a lawyer soon. Read more about our Texas injury practice and our Austin injury page.
Texas cases are handled by the firm’s Texas-licensed attorneys.
You owe no fees or costs unless we win. Call (310) 552-6959 for a free consultation.
Common questions
Does the 15-year period start when I bought the product?
It starts when the defendant sold it. For a manufacturer, that is often its sale to a distributor or dealer, which can be earlier than your purchase.
Does the statute of repose apply to leased products?
No. Section 16.012(f) says it applies only to sales, not leases. The two-year limitations period still applies.
Can I sue if I was hurt 16 years after the product was sold?
Usually not, unless the manufacturer or seller gave a written warranty of a longer useful safe life or your claim fits the latent-disease exception.
Does a recall change the deadline?
No. The statute has no recall exception. A recall notice can still be useful evidence that the product was defective.
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
Injury lawyer — Beverly Law
If you were hurt because of someone else in California, Texas or Washington, talk to a lawyer about your options. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
All FAQs · Texas injury lawyers · Austin injury lawyers · Comparative fault in California, Texas and Washington · Can you sue for emotional distress in Texas? · Washington wrongful death statute of limitations
Sources
- Tex. Civ. Prac. & Rem. Code § 16.001, effect of disability (minors and unsound mind)
- Tex. Civ. Prac. & Rem. Code § 16.003, two-year limitations period for personal injury and death
- Tex. Civ. Prac. & Rem. Code § 16.012, products liability statute of repose
- Tex. Civ. Prac. & Rem. Code § 82.001, products liability definitions
- Tex. Civ. Prac. & Rem. Code § 82.002, manufacturer’s duty to indemnify
- Tex. Civ. Prac. & Rem. Code § 82.003, liability of nonmanufacturing sellers
- Texas H.B. 4 (78th Leg., 2003), enrolled text, Sections 5.01 and 23.02
- Methodist Healthcare System of San Antonio v. Rankin, No. 08-0316 (Tex. Mar. 12, 2010), Supreme Court of Texas docket and opinion
- Galbraith Engineering Consultants, Inc. v. Pochucha, 290 S.W.3d 863 (Tex. 2009), No. 07-1051, Supreme Court of Texas docket and opinion
- Cal. Code Civ. Proc. § 335.1, two-year limit for injury or death
- RCW 7.72.060, useful safe life and product liability limitation period (Washington)
- RCW 4.16.080, three-year limitations period (Washington)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys. Last reviewed: November 7, 2026.