Texas Civil Practice & Remedies Code - Section 82.003. Liability Of Nonmanufacturing Sellers
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Texas Lawyer > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 82.003. Liability Of Nonmanufacturing Sellers
§ 82.003. LIABILITY OF NONMANUFACTURING SELLERS. (a) A
seller that did not manufacture a product is not liable for harm
caused to the claimant by that product unless the claimant proves:
(1) that the seller participated in the design of the
product;
(2) that the seller altered or modified the product
and the claimant's harm resulted from that alteration or
modification;
(3) that the seller installed the product, or had the
product installed, on another product and the claimant's harm
resulted from the product's installation onto the assembled
product;
(4) that:
(A) the seller exercised substantial control
over the content of a warning or instruction that accompanied the
product;
(B) the warning or instruction was inadequate;
and
(C) the claimant's harm resulted from the
inadequacy of the warning or instruction;
(5) that:
(A) the seller made an express factual
representation about an aspect of the product;
(B) the representation was incorrect;
(C) the claimant relied on the representation in
obtaining or using the product; and
(D) if the aspect of the product had been as
represented, the claimant would not have been harmed by the product
or would not have suffered the same degree of harm;
(6) that:
(A) the seller actually knew of a defect to the
product at the time the seller supplied the product; and
(B) the claimant's harm resulted from the defect;
or
(7) that the manufacturer of the product is:
(A) insolvent; or
(B) not subject to the jurisdiction of the court.
(b) This section does not apply to a manufacturer or seller
whose liability in a products liability action is governed by
Chapter 2301, Occupations Code. In the event of a conflict, Chapter
2301, Occupations Code, prevails over this section.
Added by Acts 2003, 78th Leg., ch. 204, § 5.02, eff. Sept. 1,
2003.
Section: 81.006 81.007 81.008 81.009 81.010 82.001 82.002 82.003 82.004 82.005 82.006 82.007 82.008 83.001 84.001
Last modified: August 11, 2007
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