Understanding Texas Product Liability Law

Michael S. Callahan | | Product Liability
texas product liability law

In the state of Texas, product liability laws play a critical role in safeguarding consumers from defective or unreasonably dangerous products while also establishing clear guidelines for manufacturers and sellers.

The primary statute governing this area is Chapter 82 of the Texas Civil Practice and Remedies Code, which outlines the responsibilities and potential liabilities of the various parties involved in the production and distribution of products.

At its core, Texas product liability law aims to achieve a balance between protecting consumers’ rights and promoting fair business practices. By holding manufacturers and sellers accountable for the safety and quality of their products, these laws encourage companies to prioritize consumer safety and implement strong quality control measures.

Overview of Chapter 82 of the Civil Practice and Remedies Code

Chapter 82 serves as the foundation for product liability actions in Texas, providing clear definitions and guidelines for key concepts. It defines terms that are crucial in determining the scope of liability and the parties involved, including:

  • Claimant: The individual or entity that files a lawsuit seeking compensation for harm caused by a defective product.
  • Product liability action: A legal claim brought against a manufacturer or seller for distributing a defective product that caused injury or damage.
  • Seller: A party involved in the business of selling products, including retailers, wholesalers, and distributors.
  • Manufacturer: The company or entity that designs, produces, or assembles a product before it is sold to consumers.

Manufacturer’s Duty to Indemnify (Section 82.002)

One of the central points in Chapter 82 is the manufacturer’s duty to indemnify sellers in certain product liability actions. Section 82.002 outlines the conditions under which a manufacturer must indemnify a seller for costs, including realistic attorney’s fees and court costs that have been incurred in defending a product liability claim.

However, there are exceptions to this duty, such as when the seller engaged in negligent conduct, has altered or modified the product, or somehow failed to follow proper instructions or warnings provided by the manufacturer. This provision aims to balance the responsibilities of the manufacturers and the sellers while promoting a fair share of the liability

Liability of Nonmanufacturing Sellers (Section 82.003)

While manufacturers bear the primary responsibility for their defective products, Section 82.003 addresses the circumstances under which a nonmanufacturing seller may be held liable for harm caused by a product. This section establishes specific criteria and conditions that must be met for a seller to be held accountable, even if they did not manufacture the product.

These conditions include situations where the seller participated in the design or manufacturing process, altered or modified the product in a way that rendered it defective, or failed to follow proper instructions or warnings provided by the manufacturer.

By clearly defining the scope of seller liability, this section aims to promote fairness and accountability throughout the distribution chain.

Inherently Unsafe Products and Design Defects (Sections 82.004 and 82.005)

Texas product liability law recognizes that certain products may be inherently unsafe due to their nature or their intended use. Section 82.004 defines the criteria for exempting inherently unsafe products from liability, provided that adequate warnings and instructions are given.

Section 82.005 also addresses the issue of design defects, placing the burden of proof on the claimant to establish that a safer alternative design was available and economically feasible at the time that the product was manufactured. This also includes the claimant’s responsibility to prove that the defect was a direct cause of the claimant’s damages.

This provision aims to strike a balance between promoting product safety and allowing for reasonable risk-benefit analyses in the design process.

Special Considerations: Firearms, Ammunition, and Medicines (Sections 82.006 and 82.007)

Texas product liability law acknowledges the unique nature of certain products, such as firearms, ammunition, and medicines, and provides specific conditions for claims-related items that fall under these categories.

Sections 82.006 and 82.007 establish additional requirements and burdens of proof for claimants who are trying to hold manufacturers accountable for defects or inadequate warnings associated with these products.

With regards to firearms and ammunition, the law sets a higher burden of proof, requiring claimants to demonstrate that the product was defective and that the defect was the proximate cause of the harm.

In the case of medicines, claimants must establish that the manufacturer failed to provide adequate warnings or instructions for the safe use of the product.

These specialized provisions reflect just how complex the considerations involved in regulating and ensuring the safety of products with heightened risks or specialized applications are.

Key Legal Precedents and Case Studies

Key Legal Precedents and Case Studies

Over the years, a few notable Texas product liability cases have shaped the interpretation and application of the law. Cases like BMW of North America, Inc. v. Gore and General Motors Corp. v. Sanchez have provided critical guidance on issues such as punitive damages and the standard of proof for design defect claims.

These precedents have helped define the legal environment and establish guidelines for navigating complicated product liability matters in Texas. Understanding the outcomes and implications of these cases is essential for both the plaintiffs and the defendants in product liability action cases, as they can inform legal strategies and shed light on evolving interpretations of the law going forward.

Implications for Consumers, Manufacturers, and Sellers

Texas product liability law has far-reaching implications for consumers, manufacturers, and sellers. For consumers, these laws serve as an important safeguard, ensuring that their rights are protected and that they have the capability of legal recourse in the event of harm caused by any defective products.

Manufacturers, on the other hand, must remain vigilant in sticking to strict safety standards, providing warnings, and implementing quality control measures. Failure to do this can expose them to significant legal risks and, as a result, potential liabilities. Sellers, too, must exercise due diligence in their handling and distribution of products to avoid liability in certain conditions outlined by the law.

By understanding and complying with Texas product liability law, relevant stakeholders can promote a safer and more responsible marketplace while also protecting their respective interests and minimizing potential risks.

Navigating Product Liability in Texas

Navigating product liability law can be challenging, especially for consumers who have already suffered harm due to defective products. At The Callahan Law Firm, our experienced Houston product liability attorneys are dedicated to protecting your consumer rights and holding manufacturers and sellers accountable for any negligence.

Contact us today to schedule a no-cost consultation, and let us work tirelessly to gather evidence, build a strong case, and advocate for the compensation you deserve.

FAQs

Does Texas have strict product liability?

Texas follows strict liability in product liability cases. This means that a manufacturer could be held liable for any injuries caused by a defective product, even if they were not negligent in the design or manufacturing process.

What is the liability law in Texas?

Chapter 82 of the Texas Civil Practice and Remedies Code is the primary statute governing product liability in Texas. This chapter discusses the responsibilities and potential liabilities of manufacturers, sellers, and other parties involved in the product supply chain.

What is the statute of limitations on product liability in Texas?

In Texas, the statute of limitations for product liability claims is generally two years from the date the injury occurred. However, some exceptions may extend or shorten this time frame depending on the specific circumstances of the case.

What is the product liability law in the US?

While product liability laws vary from state to state, most states in the United States follow the principles of strict liability, negligence, and breach of warranty in product liability cases. Federal laws, like the Consumer Product Safety Act, also provide additional regulations and guidelines for product safety and liability.