What Is the 15-Year Statute of Repose for Defective Products in Texas? (CPRC § 16.012)
Direct Answer Under Texas Law
In addition to the 2-year statute of limitations from the date of injury (§ 16.003), Texas Civil Practice and Remedies Code § 16.012(b) imposes a strict 15-year Statute of Repose on all product liability actions: a claimant must commence a products liability action against a manufacturer or seller BEFORE the end of 15 years after the date of the first sale of the product by the defendant.
Critical Texas Procedural Trap to Watch Out For
Because § 16.012 is a statute of repose (not a statute of limitations), it runs from the date the vehicle or machine was originally sold—meaning if a 2009 pickup truck's roof crushes or airbag fails in a 2026 crash (more than 15 years after its first retail sale), the product defect claim is completely extinguished before the crash even happens (unless the manufacturer expressly warranted in writing that the useful safe life exceeded 15 years under § 16.012(c)).
Recommended Action Plan for Texas Claimants
In any automotive crashworthiness or industrial machine defect case, pull the CARFAX original retail delivery date or manufacturer invoice on Day 1 to verify the product is less than 15 years old.
Detailed Texas Statutory & Case Law Breakdown
Under Tex. Civ. Prac. & Rem. Code § 16.012(b)–(d-1) and controlling Texas appellate precedent in Burlington Northern & Santa Fe Railway Co. v. Poole Chemical Co., 419 F.3d 355 (5th Cir. 2005); Camacho v. Ford Motor Co., 993 F.3d 308 (5th Cir. 2021), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. Civ. Prac. & Rem. Code § 16.012(b)–(d-1) and how Texas courts apply Burlington Northern & Santa Fe Railway Co. v. Poole Chemical Co., 419 F.3d 355 (5th Cir. 2005); Camacho v. Ford Motor Co., 993 F.3d 308 (5th Cir. 2021) in your county's appellate district.
- Beware of the Texas Procedural Trap: Because § 16.012 is a statute of repose (not a statute of limitations), it runs from the date the vehicle or machine was originally sold—meaning if a 2009 pickup truck's roof crushes or airbag fails in a 2026 crash (more than 15 years after its first retail sale), the product defect claim is completely extinguished before the crash even happens (unless the manufacturer expressly warranted in writing that the useful safe life exceeded 15 years under § 16.012(c)).
- Execute the Texas Action Plan: In any automotive crashworthiness or industrial machine defect case, pull the CARFAX original retail delivery date or manufacturer invoice on Day 1 to verify the product is less than 15 years old.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
What Is the 15-Year Statute of Repose for Defective Products in Texas? (CPRC § 16.012)
In addition to the 2-year statute of limitations from the date of injury (§ 16.003), Texas Civil Practice and Remedies Code § 16.012(b) imposes a strict 15-year Statute of Repose on all product liability actions: a claimant must commence a products liability action against a manufacturer or seller BEFORE the end of 15 years after the date of the first sale of the product by the defendant. Key Texas Trap to Avoid: Because § 16.012 is a statute of repose (not a statute of limitations), it runs from the date the vehicle or machine was originally sold—meaning if a 2009 pickup truck's roof crushes or airbag fails in a 2026 crash (more than 15 years after its first retail sale), the product defect claim is completely extinguished before the crash even happens (unless the manufacturer expressly warranted in writing that the useful safe life exceeded 15 years under § 16.012(c)).
What Texas statute and Supreme Court / appellate precedent control texas 15-year product liability statute of repose?
This question is governed in Texas by Tex. Civ. Prac. & Rem. Code § 16.012(b)–(d-1) and the legal standards articulated in Burlington Northern & Santa Fe Railway Co. v. Poole Chemical Co., 419 F.3d 355 (5th Cir. 2005); Camacho v. Ford Motor Co., 993 F.3d 308 (5th Cir. 2021). Recommended step: In any automotive crashworthiness or industrial machine defect case, pull the CARFAX original retail delivery date or manufacturer invoice on Day 1 to verify the product is less than 15 years old.
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