Texas Product Liability Law: CPRC Chapter 82 Safer Alternative Design & Non-Manufacturing Seller Shield

Overview of Texas Law & Liability Framework

Texas product liability actions—spanning automotive crashworthiness (airbag/seatbelt/roof-crush failures), tire tread separations, industrial machinery, medical devices, and lithium-ion battery fires—are governed by the strict statutory requirements of Texas Civil Practice and Remedies Code Chapter 82 and the 15-year Statute of Repose (§ 16.012).

Key Texas Statutory Rules & Liability Standards

• Mandatory Proof of a 'Safer Alternative Design' (CPRC § 82.005): In every Texas design defect lawsuit, the plaintiff MUST prove by a preponderance of the evidence that: (1) there was a 'safer alternative design' that would have prevented or significantly reduced the risk of the claimant's injury without substantially impairing the product's utility; AND (2) the safer alternative design was both economically and technologically feasible when the product left the manufacturer's control.
• Broad Immunity for Non-Manufacturing Sellers (CPRC § 82.003): Under § 82.003(a), a retail store, dealership, or distributor that did not manufacture a product is NOT liable for harm caused by the product unless the claimant proves one of seven narrow statutory exceptions—such as the seller actually modified the product, made an express factual misrepresentation, actually knew of the defect, or the manufacturer is insolvent or not subject to the jurisdiction of the Texas court (§ 82.003(a)(7)).
• Online Marketplaces (Amazon.com v. McMillan): In Amazon.com, Inc. v. McMillan, 625 S.W.3d 101 (Tex. 2021), the Texas Supreme Court held that an online marketplace facilitating third-party sales without holding title to the product is not a 'seller' under Chapter 82.
• 15-Year Statute of Repose (CPRC § 16.012): Under § 16.012(b), a claimant must commence a products liability action against a manufacturer or seller within 15 years after the date of the first sale of the product by the defendant (unless the manufacturer expressly warrantedin writing that the product's useful safe life exceeds 15 years).

Texas Court Procedure, Crash Reporting & Evidentiary Deadlines

The single most fatal mistake in a Texas automotive crashworthiness or defective-product case is allowing an insurance salvage yard to crush or auction the vehicle or product before an engineering expert conducts a non-destructive 3D LiDAR scan and component inspection.

Compensatory & Exemplary Damages Available Under Texas Law

Full economic and non-economic tort damages (catastrophic medical care under § 41.0105, lost earning capacity under § 18.091, pain, mental anguish, disfigurement, and wrongful death).