When a product is dangerous because of how it was designed—not how it was manufactured—you may have a valid design defect claim under Texas law. A design defect occurs when a product’s original concept, engineering, or formulation creates an unreasonable risk of injury, even when the product is made correctly and used as intended.

Unlike manufacturing defects that affect isolated units, design defects make every product built according to that design unsafe, often exposing large numbers of consumers to serious harm. These cases frequently involve manufacturers that failed to adopt safer design alternatives despite knowing the risks identified through testing, prior injuries, or safety data.

At Moudgil Injury Law Firm, our Houston-based product liability lawyers represent individuals injured by inherently unsafe product designs. We investigate whether a product’s design—not misuse or assembly error—was the true cause of your injuries and pursue full compensation on your behalf.

What Is a Design Defect Under Texas Law?

Under Texas product liability law, a product is defectively designed when it is unreasonably dangerous as designed, even if it was manufactured properly and used as intended.

To establish a design defect claim in Texas, an injured person must generally prove:

• A safer alternative design existed at the time the product was manufactured

• The alternative design would have prevented or significantly reduced the injury

• The safer design was technologically and economically feasible

• The risks of the chosen design outweighed its utility

These requirements are codified in Texas Civil Practice & Remedies Code § 82.005, which governs design defect claims statewide

If a manufacturer could have reduced the risk of injury without eliminating the product’s usefulness or making it prohibitively expensive—and failed to do so—it may be held legally responsible.

How Texas Courts Evaluate Design Defect Claims

Texas courts apply a risk–utility balancing test to determine whether a product’s design was defective. This test evaluates whether the risks posed by the product outweigh its benefits when compared to a safer alternative design.

Factors Courts Commonly Consider

Severity and Likelihood of Harm
How serious are the injuries caused by the design?
How often does the defect lead to accidents?
How many consumers are exposed to the risk?

Feasibility of a Safer Alternative Design
Was a safer design available at the time of manufacture?
Was it already used in similar products?
Would implementation have been reasonable in cost?

Impact of the Alternative Design
Would the safer design reduce performance or usefulness?
Would it introduce new hazards?
Would consumers still purchase the product?

Consumer Expectations
Would an ordinary consumer expect the product to be dangerous?
Was the product marketed as safe for the use that caused injury?

Cases involving unsafe designs often overlap with claims involving dangerous and defective products and consumer safety violations.

Proving a Safer Alternative Design

Proof of a safer alternative design is essential in Texas design defect cases. These claims often rely on expert testimony from engineers, safety professionals, or product designers.

Evidence typically shows that the alternative design:

• Was available or reasonably discoverable

• Was cost-effective to implement

• Would have prevented or reduced the injury

• Would not have eliminated the product’s intended purpose

Government safety data and recalls—such as those published by the
U.S. Consumer Product Safety Commission and the
National Highway Traffic Safety Administration often play a key role in identifying dangerous design patterns.

Common Types of Design Defects

Design defects can affect nearly any consumer or industrial product.

Motor Vehicle Design Defects

Vehicles prone to rollovers, collapsing roofs, fuel systems that increase fire risk, defective airbag deployment, and unsafe seatbelt systems frequently lead to serious injuries and fatalities. Many of these defects are documented through NHTSA investigations and recalls.

These claims often intersect with car accident injury cases involving catastrophic harm.

Medical Device Design Defects

Defective designs involving metal-on-metal joint implants, surgical mesh, degrading implant materials, catheter failures, and faulty drug-delivery systems can cause long-term or permanent injuries. Safety alerts and adverse event reports are commonly tracked by the U.S. Food & Drug Administration

Consumer Product Design Defects

Tip-over furniture, power tools lacking guards, unstable ladders, fire-prone heaters, and dangerous children’s products frequently result in preventable injuries—especially to young children.

Pharmaceutical Design Defects

Extended-release drugs that cause dose dumping, dangerous drug combinations, unsafe delivery methods, and narrow safety margins may qualify as design defects rather than labeling errors.

Design Defects vs. Other Product Liability Claims

Design Defect vs. Manufacturing Defect
A design defect means every product is unsafe because the design itself is flawed. A manufacturing defect affects only certain units due to production errors.

Design Defect vs. Failure to Warn
Some dangers cannot be corrected with warnings alone. When a product is inherently unsafe, Texas law requires redesign—not just better instructions or labels.

Who Can Be Held Liable?

Depending on the circumstances, liable parties may include:

• Product designers and engineers

• Manufacturers

• Component manufacturers

• Distributors or sellers (in limited situations)

These claims often fall under broader personal injury law principles.

Compensation Available in Texas Design Defect Cases

Injured consumers may recover compensation for:

Economic Damages

• Medical expenses

• Lost wages and diminished earning capacity

• Property damage

• Out-of-pocket costs

Non-Economic Damages

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life

• Disfigurement

• Loss of consortium