Evidence graph · finding
Insurance & lawhighVerified2025-12
Texas strict products liability (CPRC ch. 82): 'no prior claims' is not a defense
A products-liability action lies against a manufacturer or seller for property damage from a defective product regardless of care taken (manufacturing, design, or marketing/warning defect); standard defenses are limitations, misuse, modification, assumption of risk — not absence of prior claims. Two-year limitations. Non-manufacturing sellers liable only in listed cases (e.g., actual knowledge of a defect).
Sources (4)
- Tex. Civ. Prac. & Rem. Code §82.001statuteVerified
- Tex. Civ. Prac. & Rem. Code §82.003 (seller liability)statuteVerified
- Cornell LII Wex — Products liabilityreferenceVerifiedIt is irrelevant whether the manufacturer or supplier exercised great care
- Anapol Weiss — 7 most common defenses to product liability claimslegal commentary2021-05-03Verified
Upstream: what leads here
- Nothing upstream.