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Tex. Civ. Prac. & Rem. Code § 82.006

FIREARMS AND AMMUNITION

Applied in 5 court decisions — leading case Hernandez Ex Rel. Emeterio v. Tokai Corp. (1999)

Most recently applied in Soto v. Bushmaster Firearms International, LLC (March 2019)

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

How often courts cite this section

199920002010201910
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 brought against a manufacturer or seller of a firearm or ammunition that alleges a design defect in the firearm or ammunition, the burden is on the claimant to prove, in addition to any other elements that the claimant must prove, that:

(1) the actual design of the firearm or ammunition was defective, causing the firearm or ammunition not to function in a manner reasonably expected by an ordinary consumer of firearms or ammunition; and

(2) the defective design was a producing cause of the personal injury, property damage, or death.

(b) The claimant may not prove the existence of the defective design by a comparison or weighing of the benefits of the firearm or ammunition against the risk of personal injury, property damage, or death posed by its potential to cause such injury, damage, or death when discharged.

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