Tex. Civ. Practice & Remedies Code Section 16.012
Products Liability


(a)

In this section:

(1)

“Claimant,” “seller,” and “manufacturer” have the meanings assigned by Section 82.001 (Definitions).

(2)

"Products liability action" means any action against a manufacturer or seller for recovery of damages or other relief for harm 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, and whether the relief sought is recovery of damages or any other legal or equitable relief, including a suit for:

(A)

injury or damage to or loss of real or personal property;

(B)

personal injury;

(C)

wrongful death;

(D)

economic loss; or

(E)

declaratory, injunctive, or other equitable relief.

(b)

Except as provided by Subsections (c), (d), and (d-1), a claimant must commence a products liability action against a manufacturer or seller of a product before the end of 15 years after the date of the sale of the product by the defendant.

(c)

If a manufacturer or seller expressly warrants in writing that the product has a useful safe life of longer than 15 years, a claimant must commence a products liability action against that manufacturer or seller of the product before the end of the number of years warranted after the date of the sale of the product by that seller.

(d)

This section does not apply to a products liability action seeking damages for personal injury or wrongful death in which the claimant alleges:

(1)

the claimant was exposed to the product that is the subject of the action before the end of 15 years after the date the product was first sold;

(2)

the claimant’s exposure to the product caused the claimant’s disease that is the basis of the action; and

(3)

the symptoms of the claimant’s disease did not, before the end of 15 years after the date of the first sale of the product by the defendant, manifest themselves to a degree and for a duration that would put a reasonable person on notice that the person suffered some injury.

(d-1)

This section does not reduce a limitations period for a cause of action described by Subsection (d) that accrues before the end of the limitations period under this section.

(e)

This section does not extend the limitations period within which a products liability action involving the product may be commenced under any other law.

(f)

This section applies only to the sale and not to the lease of a product.

(g)

This section does not apply to any claim to which the General Aviation Revitalization Act of 1994 (Pub. L. No. 103-298, 108 Stat. 1552 (1994), reprinted in note, 49 U.S.C. Section 40101) or its exceptions are applicable.
Added by Acts 1993, 73rd Leg., ch. 5, Sec. 2, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 204, Sec. 5.01, eff. Sept. 1, 2003.

Source: Section 16.012 — Products Liability, https://statutes.­capitol.­texas.­gov/Docs/CP/htm/CP.­16.­htm#16.­012 (accessed Jun. 5, 2024).

16.001
Effect of Disability
16.002
One-year Limitations Period
16.003
Two-year Limitations Period
16.004
Four-year Limitations Period
16.005
Action for Closing Street or Road
16.006
Carriers of Property
16.007
Return of Execution
16.008
Architects, Engineers, Interior Designers, and Landscape Architects Furnishing Design, Planning, or Inspection of Construction of Improvements
16.009
Persons Furnishing Construction or Repair of Improvements
16.010
Misappropriation of Trade Secrets
16.011
Surveyors
16.012
Products Liability
16.013
Real Estate Appraisers and Appraisal Firms
16.021
Definitions
16.022
Effect of Disability
16.023
Tacking of Successive Interests
16.024
Adverse Possession: Three-year Limitations Period
16.025
Adverse Possession: Five-year Limitations Period
16.029
Evidence of Title to Land by Limitations
16.030
Title Through Adverse Possession
16.0031
Asbestos-related or Silica-related Injuries
16.031
Enclosed Land
16.032
Adjacent Land
16.033
Technical Defects in Instrument
16.034
Attorney’s Fees
16.035
Lien on Real Property
16.036
Extension of Real Property Lien
16.037
Effect of Extension of Real Property Lien on Third Parties
16.038
Rescission or Waiver of Accelerated Maturity Date
16.0045
Limitations Period for Claims Arising from Certain Offenses
16.051
Residual Limitations Period
16.061
Rights Not Barred
16.062
Effect of Death
16.063
Temporary Absence from State
16.064
Effect of Lack of Jurisdiction
16.065
Acknowledgment of Claim
16.066
Action on Foreign Judgment
16.067
Claim Incurred Prior to Arrival in This State
16.068
Amended and Supplemental Pleadings
16.069
Counterclaim or Cross Claim
16.070
Contractual Limitations Period
16.071
Notice Requirements
16.072
Saturday, Sunday, or Holiday
16.073
Applicability of Limitations Periods to Arbitration

Accessed:
Jun. 5, 2024

§ 16.012’s source at texas​.gov