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Unformatted text preview: CIVIL PRACTICE AND REMEDIES CODE  CHAPTER 82. PRODUCTS LIABILITY CIVIL PRACTICE AND REMEDIES CODE TITLE 4. LIABILITY IN TORT CHAPTER 82. PRODUCTS LIABILITY Sec. A 82.001. AA DEFINITIONS. A In this chapter: (1) AA "Claimant" means a party seeking relief, including a plaintiff, counterclaimant, or cross-claimant. (2) AA "Products liability action" means any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product whether the action is based in strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories. (3) AA "Seller" means a person who is engaged in the business of distributing or otherwise placing, for any commercial purpose, in the stream of commerce for use or consumption a product or any component part thereof. (4) AA "Manufacturer" means a person who is a designer, formulator, constructor, rebuilder, fabricator, producer, compounder, processor, or assembler of any product or any component part thereof and who places the product or any component part thereof in the stream of commerce. Added by Acts 1993, 73rd Leg., ch. 5, Sec. 1, eff. Sept. 1, 1993. Sec. A 82.002. AA MANUFACTURER S DUTY TO INDEMNIFY. A (a) AA A manufacturer shall indemnify and hold harmless a seller against loss arising out of a products liability action, except for any loss caused by the seller s negligence, intentional misconduct, or other act or omission, such as negligently modifying or altering the product, for which the seller is independently liable. (b) AA For purposes of this section," loss" includes court costs and other reasonable expenses, reasonable attorney fees, and any reasonable damages. (c) AA Damages awarded by the trier of fact shall, on final judgment, be deemed reasonable for purposes of this section. 1 (d) AA For purposes of this section, a wholesale distributor or retail seller who completely or partially assembles a product in accordance with the manufacturer s instructions shall be considered a seller. (e) AA The duty to indemnify under this section: (1) AA applies without regard to the manner in which the action is concluded; and (2) AA is in addition to any duty to indemnify established by law, contract, or otherwise. (f) AA A seller eligible for indemnification under this section shall give reasonable notice to the manufacturer of a product claimed in a petition or complaint to be defective, unless the manufacturer has been served as a party or otherwise has actual notice of the action. (g) AA A seller is entitled to recover from the manufacturer court costs and other reasonable expenses, reasonable attorney fees, and any reasonable damages incurred by the seller to enforce the seller s right to indemnification under this section....
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This note was uploaded on 09/30/2011 for the course EMGT 5130 taught by Professor Jeong during the Fall '11 term at UH Clear Lake.
- Fall '11