§ 15.033.Breach of Warranty by Manufacturer

A permissive provision aimed at consumer warranty claims against manufacturers.

Suit for breach of warranty by a manufacturer of consumer goods may be brought in any of three counties: where all or a substantial part of the events or omissions giving rise to the claim occurred; where the manufacturer has its principal office in this state; or where the plaintiff resided when the cause of action accrued.

The third option is the one that matters to a consumer. It means the buyer can sue at home, whatever county the manufacturer operates from and wherever the goods were made.

The provision exists because a consumer buying a defective product has no relationship with the manufacturer and no say in where it is based. Confining them to the manufacturer's county would make small warranty claims uneconomic to bring.

It is permissive, so it supplements the general rule rather than displacing it. And it is confined to consumer goods — a commercial buyer's warranty claim follows the ordinary rules.

Note that the section names the manufacturer's principal office in this state, not the place of manufacture. A product made abroad or in another state does not create Texas venue where it was built.

The section addresses venue only. Whether a warranty claim lies, and against whom, is governed by the Business and Commerce Code and by the products liability chapter of this code, which separates a seller's exposure from a manufacturer's.