Texas PJC Malpractice 2022
P RODUCTS L IABILITY —D EFINITIONS , I NSTRUCTIONS & Q UESTIONS
PJC 70.6
PJC 70.6
Substantial Change in Condition or Subsequent Alteration by Affirmative Conduct—Instruction
A product is not in a defective condition, thus not unreasonably dangerous when sold, if the unreasonably dangerous condition is solely caused by a sub stantial change or alteration of the product after it is sold, and but for which unreasonably dangerous condition the [ injury ] [ occurrence ] would not have occurred. “Substantial change or alteration” means that the configuration or operational characteristics of the product are changed or altered by affirmative conduct of some person in a manner that the defendant could not have reason ably foreseen would occur in the intended or foreseeable use of the product. Substantial change or alteration does not include reasonably foreseeable wear and tear or deterioration. COMMENT When to use. If the elements of substantial change or alteration are raised by the evidence, PJC 70.6 should be included in the charge immediately following the defini tion of “unreasonably dangerous” (see PJC 71.3 and 71.5). See Federal Pacific Elec tric Co. v. Woodend , 735 S.W.2d 887, 892 (Tex. App.—Fort Worth 1987, no writ). See Woods v. Crane Carrier Co. , 693 S.W.2d 377, 380 (Tex. 1985), for a case in which the above instruction was allowed. Source of instruction. Liability applies only when the product is expected to and does reach the user or consumer without substantial change in the condition in which it was sold. Armstrong Rubber Co. v. Urquidez , 570 S.W.2d 374 (Tex. 1978). An unfore seeable change or alteration in the original condition of the product that makes an oth erwise safe product unreasonably dangerous relieves the supplier of liability. Restatement (Third) of Torts: Products Liability §15 cmt. b (1998); see Ford Motor Co. v. Russell & Smith Ford Co. , 474 S.W.2d 549 (Tex. App.—Houston [14th Dist.] 1971, no writ). Substantial change or alteration does not include reasonably foresee able wear and tear or deterioration. See Miller v. Bock Laundry Machine Co. , 568 S.W.2d 648 (Tex. 1977).
219
Made with FlippingBook - Online Brochure Maker