Texas Civil Practice and Remedies Code

§ 82.005 — DESIGN DEFECTS

CP § 82.005Title 4. LIABILITY IN TORT · Ch. 82. PRODUCTS LIABILITY

Statute text

(a)In a products liability action in which a claimant alleges a design defect, the burden is on the claimant to prove by a preponderance of the evidence that:

(1)there was a safer alternative design; and

(2)the defect was a producing cause of the personal injury, property damage, or death for which the claimant seeks recovery.

(b)In this section, "safer alternative design" means a product design other than the one actually used that in reasonable probability:

(1)would have prevented or significantly reduced the risk of the claimant's personal injury, property damage, or death without substantially impairing the product's utility; and

(2)was economically and technologically feasible at the time the product left the control of the manufacturer or seller by the application of existing or reasonably achievable scientific knowledge.

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Legislative history

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