Civil Practice & Remedies Code § 82.001 – Definitions (Products Liability)

Civil Practice & Remedies Code § 82.001 Summary

This initial section of the Texas Civil Practice & Remedies Code’s Chapter 82 establishes the fundamental vocabulary for all products liability cases in the state. It precisely defines four crucial terms: “Claimant,” “Products liability action,” “Seller,” and “Manufacturer.” A “claimant” is broadly defined as any party pursuing legal relief, encompassing plaintiffs, counterclaimants, or cross-claimants. A “products liability action” is described as any legal proceeding against a manufacturer or seller for damages—including personal injury, death, or property damage—allegedly stemming from a defective product, regardless of the specific legal theory invoked (e.g., strict liability, negligence, warranty breach). The statute also clarifies that a “seller” is someone commercially distributing a product into the market, while a “manufacturer” is a person involved in the design, construction, or production of a product or its components, subsequently placing it into the stream of commerce. Essentially, this statute lays the groundwork for understanding who can sue, what type of lawsuit is being filed, and who can be held responsible in a Texas defective product case.

Purpose of Civil Practice & Remedies Code § 82.001

The primary aim behind establishing these definitions within Chapter 82 is to provide clarity and consistency in the complex realm of Texas products liability law. Without a precise understanding of terms like “claimant,” “products liability action,” “seller,” and “manufacturer,” legal proceedings involving defective products could become mired in disputes over terminology, leading to confusion, inefficiency, and inconsistent judicial outcomes. This statute ensures that all parties—plaintiffs, defendants, and the courts—operate from a shared legal lexicon. By clearly delineating who qualifies as a claimant, what constitutes a products liability action, and the specific roles of sellers and manufacturers, the Texas Legislature sought to streamline litigation, prevent ambiguity, and ensure the fair and predictable application of product defect laws. This foundation allows the focus of a lawsuit to remain on the merits of the defect claim rather than on the interpretation of basic legal terms, ultimately fostering a more efficient and just legal process for individuals seeking redress for harm caused by dangerous products.

Real-World Example of Civil Practice & Remedies Code § 82.001

Consider a scenario where Sarah purchases a new electric scooter. While riding it, the brakes suddenly fail, causing Sarah to crash and suffer a broken arm. She believes the scooter’s braking system was defectively designed or manufactured.

Under Civil Practice & Remedies Code § 82.001:

1. Claimant: Sarah is the “claimant” because she is the party seeking legal relief for her personal injury (the broken arm) against the scooter company.
2. Products Liability Action: Sarah’s lawsuit against the scooter manufacturer would be classified as a “products liability action.” Her claim arises from personal injury allegedly caused by a defective product (the scooter’s brakes), and she might base her case on theories of strict products liability (the product was unreasonably dangerous as designed or manufactured) or negligence (the manufacturer failed to exercise reasonable care in its design or production).
3. Seller: The retail store where Sarah bought the scooter would likely be considered a “seller,” as they are engaged in the business of placing the product in the stream of commerce for consumption.
4. Manufacturer: The company that designed, produced, and assembled the electric scooter, and subsequently put it on the market, is the “manufacturer.”

This statute clarifies for Sarah and her attorney exactly who can be sued, the nature of the lawsuit, and the specific roles of the entities involved, forming the essential groundwork for her personal injury claim in Texas.

Related Statutes

Civil Practice & Remedies Code § 82.001 serves as the definitional cornerstone for the entire chapter on products liability. Consequently, many other sections within Chapter 82 are directly related, building upon these initial definitions to establish specific rules and liabilities. Some key related statutes include:

• Civil Practice & Remedies Code § 82.002 – Indemnification of Sellers: This statute often works in conjunction with the definitions of “seller” and “manufacturer” by outlining when a manufacturer must indemnify (reimburse) a seller for damages arising from a products liability action, particularly when the seller did not cause the product’s defect.
• Civil Practice & Remedies Code § 82.003 – Liability of Nonmanufacturing Sellers: This section provides specific rules regarding the liability of sellers who are not the manufacturers of a defective product, often limiting their liability unless certain conditions are met, such as the seller exercising control over the product’s design.
• Civil Practice & Remedies Code § 82.004 – Inherently Unsafe Products: This statute addresses liability for products that are inherently unsafe but useful, often requiring an understanding of what constitutes a “product” and a “products liability action.”
• Civil Practice & Remedies Code § 82.005 – Design Defects: This crucial section details the specific legal standard for proving a product’s design defect, heavily relying on the understanding of what constitutes a “manufacturer” and what kind of “products liability action” is being pursued.
• Texas Business & Commerce Code § 2.313 – Express Warranties by Affirmation, Promise, Description, Sample and § 2.314 – Implied Warranty: Merchantability; Usage of Trade: These Uniform Commercial Code (UCC) provisions are frequently relevant because “breach of express or implied warranty” is specifically listed as a basis for a “products liability action” under § 82.001(2).

These related statutes demonstrate how the definitions set forth in § 82.001 are foundational to understanding the nuances of Texas products liability law and the respective rights and responsibilities of claimants, manufacturers, and sellers.

Case Law Interpreting Civil Practice & Remedies Code § 82.001

Numerous cases in Texas have interpreted various aspects of Civil Practice & Remedies Code § 82.001, clarifying its scope and application in products liability actions. Here are a couple of notable examples:

• In Cent. Ready Mix Concrete Co. v. Islas, 288 S.W.3d 909 (Tex. 2009), the Texas Supreme Court extensively discussed the definition of a “seller” and what constitutes a “products liability action” under Chapter 82. The court clarified that the term “seller” applies to those engaged in the business of placing products in the stream of commerce for a commercial purpose, and not merely those who perform a service.
• The Texas Supreme Court also addressed the definitions of “manufacturer” and “seller” in Ford Motor Co. v. Ledesma, 242 S.W.3d 32 (Tex. 2007). This case delved into the intricacies of which entities qualify under these definitions, particularly in complex scenarios involving multiple parties in the production and distribution chain, affecting claims for indemnification under § 82.002.
• Another key case is Fitzgerald v. Advanced Spine Fixation Sys., Inc., 996 S.W.2d 864 (Tex. 1999), where the court provided guidance on what constitutes a “product” for the purposes of a products liability action, an essential element underpinning the entire chapter.

These judicial interpretations provide crucial guidance for legal professionals and individuals in Texas navigating products liability claims, ensuring a consistent understanding of these foundational definitions.

Why Civil Practice & Remedies Code § 82.001 Matters in Personal Injury Litigation

Civil Practice & Remedies Code § 82.001 is not just a dry list of terms; it is the fundamental starting point for any personal injury claim in Texas involving a defective product. Its definitions are critically important for both plaintiffs and defendants in personal injury litigation for several reasons:

For those injured by a defective product, this statute clarifies who they can sue and the scope of their legal action. By defining “claimant,” it assures injured individuals that they have standing to pursue relief. More importantly, the broad definition of a “products liability action” means that regardless of whether the claim is based on manufacturing defects, design defects, marketing defects, negligence, or a breach of warranty, it falls under the umbrella of Texas products liability law. This impacts pleading strategies, allowing attorneys to identify the proper legal theories from the outset.

For defendants, including manufacturers and sellers, these definitions are equally vital. They dictate whether a party falls under the specific liability rules of Chapter 82, which includes important provisions like the indemnification rights of sellers (§ 82.002) and limitations on the liability of non-manufacturing sellers (§ 82.003). Understanding whether an entity qualifies as a “manufacturer” or “seller” is paramount for assessing potential liability, formulating defense arguments, and evaluating exposure in a personal injury lawsuit involving a dangerous product.

In essence, § 82.001 provides the essential framework for all parties involved in Texas defective product claims. It influences how cases are investigated, how complaints are drafted, what evidence is sought during discovery, and ultimately, how legal arguments are constructed. For anyone dealing with a personal injury caused by a product in Texas, a clear understanding of these definitions is indispensable for navigating the complexities of the legal system and ensuring that claims are properly brought and defended.