Texas PJC Malpractice 2022

P RODUCTS L IABILITY —T HEORIES OF R ECOVERY

PJC 71.4

to those specifications, and (3) the government contractor supplying the equipment warned the United States about dangers in the use of the equipment that were known to the supplier but not to the United States. Boyle v. United Technologies Corp. , 487 U.S. 500 (1987). Rebuttable presumptions for products complying with government standards and products receiving premarket licensing or approval. The Code provides, in certain circumstances, rebuttable presumptions of nonliability for manufacturers and sellers of products complying with government standards and products receiving pre market licensing or approval. Tex. Civ. Prac. & Rem. Code §82.008. Note that the statute sets forth what the plaintiff must establish to rebut the presumption. Tex. Civ. Prac. & Rem. Code §82.008(b). For a discussion of rebuttable presumptions gener ally, see Combined American Insurance Co. v. Blanton , 353 S.W.2d 847, 849 (Tex. 1962); see also Wright v. Ford Motor Co. , 508 F.3d 263, 270–74 (5th Cir. 2007); Texas A&M University v. Chambers , 31 S.W.3d 780, 783–85 (Tex. App.—Austin 2000, pet. denied).

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