§ 82.003 Liability of nonmanufacturing sellers

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.
 
(c)  If after service on a nonresident manufacturer through the secretary of state in the manner prescribed by Subchapter C, Chapter 17, the manufacturer fails to answer or otherwise make an appearance in the time required by law, it is conclusively presumed for the purposes of Subsection (a)(7)(B) 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.
 
Added by Acts 2003, 78th Leg., ch. 204, Sec. 5.02, eff. Sept. 1, 2003.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 1351, Sec. 2(a), eff. September 1, 2009.