Texas products liability, CPRC chapter 82: the statute text explained

The short answer

Texas Civil Practice and Remedies Code chapter 82 is the state's products liability chapter. It defines a "products liability action" as "any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product", whatever legal theory the action is based on (CPRC §82.001). A seller that did not manufacture a product is not liable for harm the product caused unless the claimant proves one of seven things listed in §82.003(a) (§82.003). When a claimant alleges a design defect, the claimant must prove, by a preponderance of the evidence, a safer alternative design and that the defect was a producing cause of the harm, with exceptions listed in §82.005(d) (§82.005). Section 82.002 makes a manufacturer indemnify a seller against loss from such an action, with exceptions (§82.002). An attorney can tell you how these rules apply to a specific situation.

This entry provides general informational guidance and is not legal advice.

Key facts (as of 2026-10-27)

• Any legal theory. The definition of a products liability action covers strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, "or any other theory or combination of theories" (§82.001(2)).
• Component parts count. Both "seller" and "manufacturer" are defined to include a product "or any component part thereof" (§82.001(3)-(4)).
• Seven listed exceptions for a seller that did not make the product. A nonmanufacturing seller is not liable unless the claimant proves one of the seven things in §82.003(a)(1)-(7) (§82.003(a)).
• Chapter 2301 carve-out. Section 82.003 does not apply to a manufacturer or seller whose liability in a products liability action is governed by Occupations Code chapter 2301 (§82.003(b)), the chapter titled Sale or Lease of Motor Vehicles (Occ. Code ch. 2301).
• Design defect burden. The claimant must prove, by a preponderance of the evidence, a safer alternative design and that the defect was a producing cause of the injury, damage or death (§82.005(a)). The section does not apply to a drug or device as defined in the federal Food, Drug, and Cosmetic Act, or to certain toxic or environmental torts (§82.005(d)).
• Manufacturer indemnifies seller. A manufacturer must indemnify and hold harmless a seller against loss arising out of a products liability action, except for loss caused by the seller's own conduct for which the seller is independently liable (§82.002(a)).
• History. The history lines for §§82.001, 82.002 and 82.005 list only Acts 1993, 73rd Leg., ch. 5, which added them. Section 82.003 was added in 2003 and last amended by Acts 2009, 81st Leg., R.S., ch. 1351 (S.B. 408).

What does chapter 82 cover?

The official text of Tex. Civ. Prac. & Rem. Code §82.001, as published by the Texas Legislature:

Sec. 82.001. DEFINITIONS. In this chapter: (1) "Claimant" means a party seeking relief, including a plaintiff, counterclaimant, or cross-claimant. (2) "Products liability action" means any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product whether the action is based in strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories. (3) "Seller" means a person who is engaged in the business of distributing or otherwise placing, for any commercial purpose, in the stream of commerce for use or consumption a product or any component part thereof. (4) "Manufacturer" means a person who is a designer, formulator, constructor, rebuilder, fabricator, producer, compounder, processor, or assembler of any product or any component part thereof and who places the product or any component part thereof in the stream of commerce.

Source: Tex. Civ. Prac. & Rem. Code §82.001, statutes.capitol.texas.gov. Text last checked October 27, 2026.

When is a seller that did not make the product liable?

The official text of §82.003(a) and (b):

Sec. 82.003. LIABILITY OF NONMANUFACTURING SELLERS. (a) A seller that did not manufacture a product is not liable for harm caused to the claimant by that product unless the claimant proves: (1) that the seller participated in the design of the product; (2) that the seller altered or modified the product and the claimant's harm resulted from that alteration or modification; (3) that the seller installed the product, or had the product installed, on another product and the claimant's harm resulted from the product's installation onto the assembled product; (4) that: (A) the seller exercised substantial control over the content of a warning or instruction that accompanied the product; (B) the warning or instruction was inadequate; and (C) the claimant's harm resulted from the inadequacy of the warning or instruction; (5) that: (A) the seller made an express factual representation about an aspect of the product; (B) the representation was incorrect; (C) the claimant relied on the representation in obtaining or using the product; and (D) if the aspect of the product had been as represented, the claimant would not have been harmed by the product or would not have suffered the same degree of harm; (6) that: (A) the seller actually knew of a defect to the product at the time the seller supplied the product; and (B) the claimant's harm resulted from the defect; or (7) that the manufacturer of the product is: (A) insolvent; or (B) not subject to the jurisdiction of the court.

(b) This section does not apply to a manufacturer or seller whose liability in a products liability action is governed by Chapter 2301, Occupations Code. In the event of a conflict, Chapter 2301, Occupations Code, prevails over this section.

Source: Tex. Civ. Prac. & Rem. Code §82.003, statutes.capitol.texas.gov. Subsection (c) adds a rule for (a)(7)(B): if a nonresident manufacturer served through the secretary of state fails to answer or otherwise appear in the time required by law, it is conclusively presumed that the manufacturer is not subject to the jurisdiction of the court, unless the seller is able to secure personal jurisdiction over the manufacturer in the action. Occupations Code chapter 2301 is titled Sale or Lease of Motor Vehicles (Occ. Code ch. 2301).

What must be proved for a design defect?

The official text of §82.005(a) and (b):

Sec. 82.005. DESIGN DEFECTS. (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.

Source: Tex. Civ. Prac. & Rem. Code §82.005, statutes.capitol.texas.gov. Subsection (d) says the section does not apply to a cause of action based on a toxic or environmental tort as defined by §33.013(c)(2) and (3), or to a drug or device as those terms are defined in the federal Food, Drug, and Cosmetic Act. Subsection (c) leaves other laws on environmental contamination or pollution in place, and subsection (e) says the section "is not declarative, by implication or otherwise, of the common law with respect to any product and shall not be construed to restrict the courts of this state in developing the common law with respect to any product which is not subject to this section."

What does the manufacturer owe a seller?

The official text of §82.002(a) and (b):

Sec. 82.002. MANUFACTURER'S DUTY TO INDEMNIFY. (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.

Source: Tex. Civ. Prac. & Rem. Code §82.002, statutes.capitol.texas.gov. Other subsections say:

• Assemblers can be sellers. A wholesale distributor or retail seller who completely or partially assembles a product in accordance with the manufacturer's instructions is considered a seller for this section (§82.002(d)).
• However the action ends. The duty to indemnify applies without regard to the manner in which the action is concluded, and is in addition to any duty to indemnify established by law, contract, or otherwise (§82.002(e)).
• Notice to the manufacturer. A seller eligible for indemnification must give reasonable notice to the manufacturer of a product claimed in a petition or complaint to be defective, unless the manufacturer has been served as a party or otherwise has actual notice of the action (§82.002(f)).
• Costs of enforcing it. A seller is entitled to recover from the manufacturer its court costs, other reasonable expenses, reasonable attorney fees and any reasonable damages incurred to enforce its right to indemnification under the section (§82.002(g)).

What does it mean in plain language?

• One chapter, many theories. Whether a lawsuit over a product that allegedly caused injury, death or property damage is framed as strict liability, negligence, misrepresentation or breach of warranty, the definition in §82.001(2) treats it as a products liability action.
• Selling the product is not enough on its own under §82.003. Under §82.003(a), a seller that did not manufacture the product is not liable for harm the product caused unless one of the seven listed situations is proved, such as the seller participating in the design of the product or altering or installing it, exercising substantial control over the content of a warning or instruction that was inadequate, making an incorrect factual statement the claimant relied on, actually knowing of the defect, or the manufacturer being insolvent or not subject to the court's jurisdiction. In situations (2) through (6), the claimant's harm must also be connected to that conduct or defect, as each item in the quoted text spells out. Subsection (b) excludes manufacturers and sellers whose liability is governed by Occupations Code chapter 2301.
• A design defect claim has a defined burden. Section 82.005 puts the burden on the claimant to show, by a preponderance of the evidence, that a different design existed that in reasonable probability would have prevented or significantly reduced the risk without substantially impairing the product's utility and was economically and technologically feasible, and that the defect was a producing cause of the harm. The section is about design defects; it does not set the rules for other kinds of product claims.
• Indemnity is between the businesses. Section 82.002 is about who bears a seller's loss as between the manufacturer and the seller. It describes the relationship between those two parties.

What else is in chapter 82?

Chapter 82 has other sections that this entry does not describe: §82.004 (inherently unsafe products), §82.006 (firearms and ammunition), §82.007 (medicines), §82.008 (compliance with government standards) and §82.009 (limited liability for failure to retrofit certain rented or leased vehicles). Their text is at the chapter 82 source page.

When was this checked, and can it change?

The statute text above was last checked on October 27, 2026, against the official text published by the Texas Legislature. The Legislature can amend a statute in any session, and courts can refine how a rule is applied. The Legislature convenes in regular session on the second Tuesday in January of each odd-numbered year (Gov't Code §301.001), so the next regular session begins on January 12, 2027. This entry is scheduled to be rechecked against the official text by April 2027 and again after the 2027 regular session ends.

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