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Texas Civil Practice and Remedies Code

§ 82.002 — MANUFACTURER'S DUTY TO INDEMNIFY

CP § 82.002Title 4. LIABILITY IN TORT · Ch. 82. PRODUCTS LIABILITY

Statute text

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(a)A manufacturer shall indemnify and hold harmless a seller against loss arising out of a products liability action, except for any loss caused by the seller's negligence, intentional misconduct, or other act or omission, such as negligently modifying or altering the product, for which the seller is independently liable.
(b)For purposes of this section, "loss" includes court costs and other reasonable expenses, reasonable attorney fees, and any reasonable damages.
(c)Damages awarded by the trier of fact shall, on final judgment, be deemed reasonable for purposes of this section.
(d)For purposes of this section, a wholesale distributor or retail seller who completely or partially assembles a product in accordance with the manufacturer's instructions shall be considered a seller.
(e)The duty to indemnify under this section:
(1)applies without regard to the manner in which the action is concluded; and
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Legislative history

Added by Acts 1993, 73rd Leg., ch. 5, Sec. 1, eff. Sept. 1, 1993.

Source: Texas Civil Practice and Remedies Code § 82.002 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.