What is Texas's law on exemplary damages cap?

2003 tort reform cap applies to punitive damages. (Tex. Civ. Prac. & Rem. Code § 41.008)

Texas law

Product Liability Laws in Texas.

Texas's Product Liability Act (Tex. Civ. Prac. & Rem. Code Chapter 82) governs product-liability claims. Texas recognizes strict liability, negligence, and breach of warranty. Texas has a 15-year statute of repose for manufacturing equipment (§ 16.012) but no general statute of repose for consumer products. Texas's 2003 tort reform applies: exemplary (punitive) damages capped at greater of $200K or 2x economic + $750K noneconomic (§ 41.008). Modified comparative fault applies.

Last verified: 2026-04-17

State law

Statute of Limitations

2 years; 15-year statute of repose (manufacturing equipment only)Tex. Civ. Prac. & Rem. Code §§ 16.003, 16.012

2-year personal injury statute applies. 15-year statute of repose under § 16.012 applies to manufacturing equipment but NOT to consumer products generally.

State law

Damage Caps

Compensatory Damages: No cap (general product liability)

Texas does not cap compensatory damages in general product-liability cases.

Exemplary (Punitive) Damages: Greater of $200K or (2x economic + $750K noneconomic)Tex. Civ. Prac. & Rem. Code § 41.008

Texas's 2003 tort reform capped exemplary damages at the greater of $200,000 or (2x economic damages + noneconomic damages up to $750,000).

State law

Key Texas Statutes

Texas Product Liability ActTex. Civ. Prac. & Rem. Code Chapter 82

Comprehensive framework for product-liability claims. Recognizes strict liability, negligence, and warranty theories.

Innocent Retailer DefenseTex. Civ. Prac. & Rem. Code § 82.003

Non-manufacturing seller not liable for harm caused by a product unless plaintiff proves (1) seller participated in design; (2) seller altered product; (3) seller made express warranty; or (4) manufacturer is not subject to jurisdiction or insolvent.

Design Defect (Risk-Utility)Texas common law

Texas applies the risk-utility test for design-defect claims. Plaintiff must prove a safer alternative design existed that was economically and technologically feasible.

Exemplary Damages CapTex. Civ. Prac. & Rem. Code § 41.008

2003 tort reform cap applies to punitive damages.

State law

Official Sources

Texas Civil Practice and Remedies Code

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Texas.

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Product Liability Laws in Texas.

Statute of Limitations

Damage Caps

Key Texas Statutes

Official Sources

Not Legal Advice

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