Tex. Civil Practice and Remedies Code § 82.004
This is the official text of Tex. Civil Practice and Remedies Code § 82.004, part of Texas’s Civil Practice and Remedies Code — sets procedural rules and available remedies for civil lawsuits.
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§ 82.004. INHERENTLY UNSAFE PRODUCTS.
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
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