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Tex. Civ. Prac. & Rem. Code § 33.003

DETERMINATION OF PERCENTAGE OF RESPONSIBILITY

Applied in 92 court decisions — leading case Wooley v. Lucksinger (2011)

Most recently applied in In re Cambell (March 2019)

Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.06, eff

How often courts cite this section

198920002010201990
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) The trier of fact, as to each cause of action asserted, shall determine the percentage of responsibility, stated in whole numbers, for the following persons with respect to each person's causing or contributing to cause in any way the harm for which recovery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applicable legal standard, or by any combination of these:

(1) each claimant;

(2) each defendant;

(3) each settling person; and

(4) each responsible third party who has been designated under Section 33.004.

(b) This section does not allow a submission to the jury of a question regarding conduct by any person without sufficient evidence to support the submission.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.