What Happens if Defective Safety Equipment Causes a Work Injury in Texas?

 Posted on September 04, 2026 in Work Accidents

Safety equipment is supposed to reduce the risk of serious harm on the job. When that equipment fails, the worker using it may suffer a severe injury. If defective safety equipment causes a work injury in Texas, you may have a claim against the manufacturer or another responsible party.

If defective equipment caused your workplace injury in 2026, an Irving, TX work accident attorney can help you understand your legal options.

What Types of Safety Equipment in Texas Can Cause Work Injuries When They Fail?

Many jobs depend on safety equipment to protect workers from all sorts of dangerous situations, including flying debris and chemical exposure. A defect can leave a worker exposed when protection is needed most.

Examples of defective equipment may include:

• Fall-arrest harnesses or lanyards that break
• Safety glasses or face shields that fail
• Respirators that do not protect against hazardous substances
• Machine guards or other safety devices that malfunction

An equipment failure does not always mean the product was defective. The cause must be investigated to determine whether the problem came from the design, manufacturing process, maintenance, or regular use of the product. Investigating whether the product was being used correctly before it failed could also play a role in determining who is responsible.

When Can a Manufacturer Be Liable for Defective Safety Equipment in Texas?

A manufacturer may be liable when a defective product causes an injury. Texas law allows product liability claims for injuries caused by defective products.

A product may be defective because of how it was designed or if it lacked proper warnings. For a design-defect claim, Texas Civil Practice and Remedies Code Section 82.005 requires proof that a safer alternative design existed and that the defect caused the injury.

Texas also limits claims against sellers that did not make the product. However, Section 82.003 allows claims against some sellers in specific situations, such as when they altered the product.

Can You Have a Product Liability Claim and a Work Injury Claim in Texas?

A worker may have more than one type of claim after an accident involving defective safety equipment. If the employer carries workers' compensation insurance, the worker may receive workers' comp benefits and also pursue a separate claim against a third party.

Under Texas Labor Code Section 417.001, that third party may include a manufacturer whose defective product helped cause the injury. This can be important for injured workers because a third-party lawsuit may allow recovery for losses that workers' compensation does not fully cover, such as pain and suffering.

What if Your Employer in Texas Does Not Carry Workers' Compensation Insurance?

Texas allows many private employers to opt out of the workers' compensation system. These employers are often called non-subscribers.

If a non-subscriber employer's negligence caused your injury, you may be able to sue the employer directly. For example, an employer may face liability if they knew safety equipment was damaged but still required workers to use it. At the same time, the manufacturer may also be responsible if a defect in the equipment helped cause the accident.

What Should You Do With the Safety Equipment After an Accident in Texas?

The equipment itself may be key evidence in a product liability case. It can help show what failed and how the accident happened.

If possible, take photos of the equipment and the accident scene. Record the manufacturer, model, and serial number. Avoid altering or throwing away the product before it can be inspected. An attorney may be able to send a preservation request to keep the equipment and related records from being destroyed.

How Long Do You Have to File a Defective Equipment Injury Lawsuit in Texas?

Texas generally gives injured people two years to file a personal injury lawsuit, according to Texas Civil Practice and Remedies Code Section 16.003. Acting early can help preserve records and witness information before they are lost.

However, other deadlines may apply to workers' compensation benefits or workplace injury claims. For example, workers covered by Texas workers’ compensation generally must report a work-related injury to their employer within 30 days and file a claim within one year, although limited exceptions can apply to the one-year filing deadline.

Contact a Dallas County, TX Work Injury Attorney

A work injury caused by defective safety equipment may involve both workplace law and product liability law. Jerry D. Andrews, P.C. can help you understand how to handle these aspects of your case.

Attorney Jerry D. Andrews is board-certified in personal injury trial law by the Texas Board of Legal Specialization. The firm handles cases on a contingency basis, so you pay no fees or costs unless you win.

Contact our Irving, TX work accident lawyer or call 214-221-5800 to schedule a free consultation.

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