Suing a Food Manufacturer for Defective Products in Houston

Written by Pulkit Moudgil. Read more about the author.

A contaminated jar of peanut butter. A bottle of juice with broken glass inside. A frozen meal tainted with listeria. These are not hypotheticals — they are the kinds of cases I handle as a Houston food negligence attorney, and they happen more often than most people realize. If you or someone in your family got sick or injured from a food product, you likely have a claim, and the path forward depends on who made it, who sold it, and how they failed you.

This post focuses specifically on food manufacturer liability — the legal angle I find people understand the least when they first call our office. Most clients assume their only option is to complain to the FDA or wait for a recall. That is not true. Texas law gives you real legal remedies, and the two-year statute of limitations means time matters.

At Houston Car Wreck & Personal Injury Lawyer – The Moudgil Law Firm, we represent clients across Houston and throughout Texas who have been harmed by unsafe food products. Here is what you need to know in 2026.

Can I Sue a Food Manufacturer for a Defective Product in Texas in Houston?

Yes. Texas law allows you to sue a food manufacturer directly for a defective product under a product liability theory. If a food product caused you physical harm — whether through contamination, a foreign object, improper labeling of allergens, or a manufacturing error — the manufacturer can be held legally responsible. You do not need to wait for a government recall. You do not need a criminal conviction. You need to show that the product was defective and that the defect caused your injury.

Texas follows strict liability principles in product liability cases. Under the Texas Products Liability Act (Texas Civil Practice & Remedies Code, Chapter 82), a manufacturer may be liable if a product has a manufacturing defect, a design defect, or a failure to warn. Food products fall squarely within this framework. A can of soup contaminated with botulinum toxin during processing is a manufacturing defect. A product that fails to disclose a major allergen is a failure-to-warn defect.

In my experience, the strongest food manufacturer cases involve documented illness — meaning you saw a doctor, received a diagnosis like salmonella or E. coli, and can connect that diagnosis to the specific product through lab results, purchase records, or FDA/CDC outbreak data. The CDC estimates that roughly 48 million Americans experience foodborne illness each year, and a significant portion of those cases trace back to a specific manufacturer.

You can file a claim for medical expenses, lost wages, pain and suffering, and in severe cases, permanent injury or wrongful death. If the manufacturer knew about the contamination and concealed it, punitive damages may also be available under Texas law. The two-year statute of limitations under Texas Civil Practice & Remedies Code § 16.003 starts from the date of injury, so do not wait.

What Is Product Liability in a Food Negligence Case in Texas?

Product liability and food negligence are related but not identical concepts. Understanding the difference matters because it shapes which legal theory your attorney will use and what you need to prove.

Product liability is a strict liability claim. You do not have to prove the manufacturer was careless — only that the product was defective and caused harm. The three types of defects in Texas are manufacturing defects (something went wrong during production), design defects (the product is inherently unsafe as designed), and marketing defects (inadequate warnings or instructions). A contaminated batch of spinach is typically a manufacturing defect. A food product whose packaging systematically fails to seal properly could be a design defect.

Food negligence is broader. Under a negligence theory, you must show that the defendant owed you a duty of care, breached that duty, and that the breach caused your injury. For food manufacturers, the duty of care includes proper handling, processing, testing, and labeling. Cornell Law School’s overview of negligence explains the duty-breach-causation-damages framework that Texas courts apply. Food negligence claims can run alongside product liability claims — and in most cases, we plead both.

The practical difference: in product liability you do not need to prove how the contamination got there. In negligence, you typically do. That is why I usually lead with strict liability and support it with negligence arguments. For clients who are unsure which theory applies, FindLaw’s product liability resources offer a useful starting point, but every case is fact-specific.

What I see repeatedly in Houston food cases is that clients try to handle them on their own, accept a small settlement from the manufacturer’s insurer, and later discover the full extent of their medical costs. Do not sign anything before speaking with a Houston personal injury attorney.

Can I Sue a Food Manufacturer if the Product Was Recalled in Texas?

A recall actually strengthens your case. When the FDA or USDA issues a recall, it is an official acknowledgment that the product poses a health risk. That documentation — the recall notice, the lot numbers, the reason for recall — becomes evidence in your lawsuit. Courts have treated recall notices as strong support for causation arguments.

Under Texas law, a recall does not automatically mean liability is admitted, but it significantly narrows the manufacturer’s ability to dispute that the product was defective. What you still need to show is that you purchased the recalled product, that you consumed or used it before the recall, and that it caused your specific injury. A receipt, a photo of the packaging with the lot number, or a credit card statement from that store visit can all help establish this.

I handled a case where a client was injured by a recalled energy drink — the manufacturer argued the client had not specifically consumed the recalled lot. The lot number on the packaging photograph the client had taken before throwing it away resolved that dispute. Keep your packaging. Keep your receipts. If you are already sick and have not thought to save the product, check your grocery store’s loyalty card purchase history — most major chains in Houston keep digital records.

The FDA maintains a public database of food recalls that you can search to confirm whether a product you consumed is on the list. One important distinction: a voluntary recall by the manufacturer versus an FDA-mandated recall does not change your right to sue. Either way, the defect existed.

Can I Sue a Grocery Store for Selling Contaminated Food in Texas?

Yes, and this question comes up often in our office because people buy from the store, not directly from the manufacturer. Texas law allows you to sue any party in the distribution chain — manufacturer, distributor, and retailer. The grocery store that sold you contaminated chicken, expired dairy, or improperly stored meat can share liability.

The key issue with retailers is the legal theory. Under Texas Civil Practice & Remedies Code § 82.001, an innocent seller — a store that simply passed along a defective product without knowing about it — has limited liability in some circumstances. However, that protection disappears when the seller was independently negligent: for example, if the store failed to maintain proper refrigeration temperatures, sold visibly expired products, or ignored a supplier’s warning notice. If the store’s own handling caused or worsened the contamination, they carry direct liability.

Premises liability principles can also apply when the harm occurred on the store’s property — say, a slip and fall caused by a spill from defective packaging. In those cases you may have both a product claim against the manufacturer and a premises claim against the store.

The Mayo Clinic’s guidance on foodborne illness notes that symptoms like severe vomiting, bloody diarrhea, or neurological symptoms can indicate dangerous bacterial or toxin exposure that requires prompt medical attention. If that is your situation, seek care first. The legal process can wait 24 hours. Your health cannot.

Can a Caterer Be Sued for Food Negligence in Texas?

Caterers occupy an interesting space in Texas food liability law. They are service providers, but they are also preparing and serving food directly to consumers, which means both negligence and product liability theories can apply.

A caterer who serves undercooked chicken at a Houston corporate event and sickens 40 people has clearly breached a duty of care. The duty here is grounded in the Texas Food Safety Act and the Texas Department of State Health Services food establishment regulations, which require caterers to hold proper permits, maintain safe food temperatures, and follow safe food handling practices. A breach of those regulations is strong evidence of negligence.

What makes caterer cases more challenging than manufacturer cases is evidence. With a packaged food product, the defect is usually documented — you have the product, the lab test, the FDA data. With a catering event, the food is consumed and gone. Your attorney needs to act quickly to obtain the caterer’s food safety logs, temperature records, staff training documentation, and health inspection history. If other guests got sick, their medical records and statements become critical.

In 2026, I have seen a rise in catering liability cases connected to private events booked through online platforms. The platform itself may have indemnification clauses that make them a difficult defendant, but the caterer generally remains exposed. If you were harmed at a catered event, the legal path is not closed — it just requires faster action to preserve evidence.

Wrongful death cases involving catering negligence do arise, particularly when elderly or immunocompromised guests are involved. If a family member died after consuming food at a catered event, Texas law provides a wrongful death claim under Chapter 71 of the Texas Civil Practice & Remedies Code. Our Houston wrongful death attorneys handle these cases.

What Is Food Negligence and Can I File a Claim in Texas?

Food negligence refers to the failure of any party in the food supply chain — manufacturer, processor, distributor, retailer, restaurant, or caterer — to exercise reasonable care in producing, handling, or serving food, resulting in consumer harm. Texas courts treat food negligence as a form of personal injury, governed by the same general negligence standards alongside specific food safety statutes.

To file a claim in Texas, you need four things: a duty of care owed to you, a breach of that duty, causation linking the breach to your injury, and actual damages. The NIH’s research on foodborne pathogens underscores how rapidly certain bacteria like salmonella, E. coli O157:H7, and listeria monocytogenes can cause serious systemic harm — particularly in children, the elderly, and people with weakened immune systems. Medical documentation of your diagnosis is the foundation of any food negligence claim.

Texas has a two-year statute of limitations for personal injury claims. For food negligence, the clock generally starts on the date you knew or should have known that you were injured by the food product. In practice, this often means the date of your diagnosis. If you were hospitalized for E. coli poisoning in March 2026 and your doctor linked it to contaminated produce, the two-year window runs from that point.

One thing I tell every potential client: do not assume a claim is too small to pursue. If you spent two weeks in the hospital with a serious salmonella infection, your medical bills, lost wages, and pain and suffering likely add up to a substantial sum. Manufacturers and their insurers know this, which is why they move quickly to limit their exposure after an outbreak. Having a food negligence lawyer in Houston on your side from the start changes that dynamic.

The American Bar Association’s consumer resources and Justia’s Texas case law database can give you additional background on how these cases have been litigated. But reading about case law is not the same as getting a case evaluation from an attorney who knows how Texas courts — and specifically Harris County courts — handle these claims.

Evidence That Wins Food Negligence Cases

I want to spend a moment on this because it is where cases are won or lost long before trial.

Save the product. If you still have the item that made you sick, put it in a sealed bag in the freezer. Do not throw it away. Lab testing of the product itself can be decisive evidence. Photograph the packaging, especially the lot number, expiration date, and any visible damage or contamination.

Get medical care and documentation. A food negligence claim without a medical diagnosis is an uphill fight. Your doctor’s notes, lab results, and treatment records establish both that you were injured and what caused it. WebMD’s symptoms guide for food poisoning is a reasonable starting reference, but a physician’s diagnosis is what the courts look at.

Gather your purchase records. Receipts, credit card statements, grocery store loyalty program records — all of these connect you to the specific product. If multiple members of your household got sick and you shared a meal, document that too.

Contact an attorney before the evidence disperses. In outbreak situations, the FDA and CDC may be collecting samples and records. Your attorney can obtain that public data and, in some cases, coordinate with other claimants. Class actions sometimes arise from large food contamination events, though individual cases often result in better recoveries for seriously injured plaintiffs.

Ready to Talk to a Food Negligence Attorney in Houston

If you got sick or were injured from a food product in Texas, I want to hear what happened. Our team at Houston Car Wreck & Personal Injury Lawyer – The Moudgil Law Firm handles food negligence and product liability cases throughout Houston and across Texas. We work on contingency, which means you pay nothing unless we recover for you.

You can reach us at (832)-476-3209 or contact us online to schedule a consultation. Our office is located at 3355 W Alabama St Suite 980, Houston, TX 77098, United States. The sooner you call, the more options you have.