Texas PJC Malpractice 2022

P RODUCTS L IABILITY —T HEORIES OF R ECOVERY

PJC 71.3

PJC 71.3

Manufacturing Defect

QUESTION ______ Was there a manufacturing defect in the automobile at the time it left the possession of ABC Company that was a producing cause of the [ injury ] [ occur rence ] in question? A “manufacturing defect” means that the product deviated in its construction or quality from its specifications or planned output in a manner that renders it unreasonably dangerous. An “unreasonably dangerous” product is one that is dangerous to an extent beyond that which would be contemplated by the ordi nary user of the product, with the ordinary knowledge common to the commu nity as to the product’s characteristics. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 71.3 is designed to submit a claim that a defective condition in a product rendered it unreasonably dangerous at the time it left the seller’s possession. See Ford Motor Co. v. Ledesma , 242 S.W.3d 32 (Tex. 2007); Lucas v. Texas Industries , 696 S.W.2d 372 (Tex. 1984); Armstrong Rubber Co. v. Urquidez , 570 S.W.2d 374 (Tex. 1978); Restatement (Second) of Torts § 402A (1965). Liability of nonmanufacturing product sellers. For a discussion of the liability Substitution of “death.” Under the Texas wrongful death statute, a defendant’s liability may be predicated only on “an injury that causes an individual’s death.” Tex. Civ. Prac. & Rem. Code §71.002(b); see also Kramer v. Lewisville Memorial Hospi tal , 858 S.W.2d 397, 404 (Tex. 1993). Therefore, in a case involving a claim for wrongful death, the word “death” may be substituted for the word “injury” in the neg ligence question. Definition of “producing cause.” The appropriate definition of “producing cause” should accompany PJC 71.3. See PJC 70.1, including the caveat about unavoidably unsafe products. Proof of defect. The plaintiff must establish that the product was in a defective condition at the time it left the hands of each particular product defendant. See Pla cenio v. Allied Industrial International, Inc. , 724 S.W.2d 20, 22 (Tex. 1987) (plaintiff of a nonmanufacturing product seller, see PJC 70.5. Use of “injury” or “occurrence.” See PJC 71.1.

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