Public-domain · open source
OpenJurist

Tex. Civ. Prac. & Rem. Code § 82.004

INHERENTLY UNSAFE PRODUCTS

Applied in 19 court decisions — leading case American Tobacco Co., Inc. v. Grinnell (1997)

Most recently applied in Jones v. Landry's Seafood Inn & Oyster Bar-Galveston, Inc. (December 2010)

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

How often courts cite this section

19972000201040
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) In a products liability action, a manufacturer or seller shall not be liable if:

(1) the product is inherently unsafe and the product is known to be unsafe by the ordinary consumer who consumes the product with the ordinary knowledge common to the community; and

(2) the product is a common consumer product intended for personal consumption, such as:

(A) sugar, castor oil, alcohol, tobacco, and butter, as identified in Comment i to Section 402A of the Restatement (Second) of Torts; or

(B) an oyster.

(b) For purposes of this section, the term "products liability action" does not include an action based on manufacturing defect or breach of an express warranty.

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