Texas Products Liability Act (CPRC Chapter 82) & 15-Year Statute of Repose (§ 16.012)
Summary of the Texas Rule (Tex. Civ. Prac. & Rem. Code §§ 82.001–82.008 & § 16.012)
Mandates proof of an economically and technologically feasible 'safer alternative design' (§ 82.005), shields non-manufacturing retail sellers (§ 82.003), creates regulatory compliance presumptions (§§ 82.007–82.008), and enforces a 15-year statute of repose (§ 16.012).
Statutory Text Summary & Legal Mechanics
Section 82.005 requires proof of a safer alternative design in all design defect claims. Section 82.003 immunizes non-manufacturing sellers unless one of 7 statutory exceptions applies. Section 82.007 creates a virtually irrebuttable presumption that FDA-approved pharmaceutical warnings are adequate. Section 82.008 creates a rebuttable presumption of no liability when a product complies with mandatory federal safety standards (such as FMVSS in auto crashworthiness cases).
Practical Impact on Texas Personal Injury Claims & Jury Trials
In Kia Motors Corp. v. Ruiz, 432 S.W.3d 865 (Tex. 2014), the Texas Supreme Court held that the § 82.008 federal-safety-standard presumption only applies if the specific mandatory FMVSS standard actually governed the specific product risk that caused the injury.
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