What Is a 'Responsible Third Party' (RTP) Designation in Texas Tort Law? (CPRC § 33.004)
Direct Answer Under Texas Law
Under CPRC § 33.004, a Texas defendant can ask the court to designate an unsued person or entity as a 'Responsible Third Party' (RTP)—allowing the defendant to put an empty chair on the jury verdict form (such as an unknown 'John Doe' hit-and-run driver, an immune workers' comp employer, a criminal shooter, or a settling party) so the jury assigns percentage fault to that RTP, reducing the named defendant's share!
Critical Texas Procedural Trap to Watch Out For
A judgment cannot be collected from an RTP, so every percentage point of fault the jury assigns to an RTP (other than to push the main defendant below 51%) directly reduces the money you can collect unless another defendant is >50% at fault.
Recommended Action Plan for Texas Claimants
After a defendant designates an RTP, use CPRC § 33.004(l): after adequate time for discovery, move to STRIKE the Responsible Third Party designation on the ground that there is no evidence the designated person breached a legal duty that proximately caused the harm!
Detailed Texas Statutory & Case Law Breakdown
Under Tex. Civ. Prac. & Rem. Code §§ 33.004, 33.011(6) and controlling Texas appellate precedent in Galbraith Engineering Consultants, Inc. v. Pochucha, 290 S.W.3d 863 (Tex. 2009); In re Coppola, 535 S.W.3d 506 (Tex. 2017), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. Civ. Prac. & Rem. Code §§ 33.004, 33.011(6) and how Texas courts apply Galbraith Engineering Consultants, Inc. v. Pochucha, 290 S.W.3d 863 (Tex. 2009); In re Coppola, 535 S.W.3d 506 (Tex. 2017) in your county's appellate district.
- Beware of the Texas Procedural Trap: A judgment cannot be collected from an RTP, so every percentage point of fault the jury assigns to an RTP (other than to push the main defendant below 51%) directly reduces the money you can collect unless another defendant is >50% at fault.
- Execute the Texas Action Plan: After a defendant designates an RTP, use CPRC § 33.004(l): after adequate time for discovery, move to STRIKE the Responsible Third Party designation on the ground that there is no evidence the designated person breached a legal duty that proximately caused the harm!
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
What Is a 'Responsible Third Party' (RTP) Designation in Texas Tort Law? (CPRC § 33.004)
Under CPRC § 33.004, a Texas defendant can ask the court to designate an unsued person or entity as a 'Responsible Third Party' (RTP)—allowing the defendant to put an empty chair on the jury verdict form (such as an unknown 'John Doe' hit-and-run driver, an immune workers' comp employer, a criminal shooter, or a settling party) so the jury assigns percentage fault to that RTP, reducing the named defendant's share! Key Texas Trap to Avoid: A judgment cannot be collected from an RTP, so every percentage point of fault the jury assigns to an RTP (other than to push the main defendant below 51%) directly reduces the money you can collect unless another defendant is >50% at fault.
What Texas statute and Supreme Court / appellate precedent control what is a responsible third party (rtp)??
This question is governed in Texas by Tex. Civ. Prac. & Rem. Code §§ 33.004, 33.011(6) and the legal standards articulated in Galbraith Engineering Consultants, Inc. v. Pochucha, 290 S.W.3d 863 (Tex. 2009); In re Coppola, 535 S.W.3d 506 (Tex. 2017). Recommended step: After a defendant designates an RTP, use CPRC § 33.004(l): after adequate time for discovery, move to STRIKE the Responsible Third Party designation on the ground that there is no evidence the designated person breached a legal duty that proximately caused the harm!
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