Texas PJC Malpractice 2022

P RODUCTS L IABILITY —T HEORIES OF R ECOVERY

PJC 71.13

PJC 71.13 Products Liability—Proportionate Responsibility If you answered “Yes” to Question[ s ] ______ [ applicable liability ques tion(s) ] for more than one of those named below, then answer the following question. Otherwise, do not answer the following question. Assign percentages of responsibility only to those you found caused or con tributed to cause the [ injury ] [ occurrence ]. The percentages you find must total 100 percent. The percentages must be expressed in whole numbers. The per centage of responsibility attributable to a person or product is not necessarily measured by the number of acts, omissions, or product defects found. The per centage attributable to any one need not be the same percentage attributed to that one in answering another question. QUESTION ______ For each person or product you found caused or contributed to cause the [ injury ] [ occurrence ], find the percentage of responsibility attributable to each: 1. Don Davis % 2. The Panther automobile [and Panther Manufacturing Co. ] % 3. Paul Payne % 4. Sam Settlor % 5. Responsible Ray % Total 100 % COMMENT When to use. Rule 277 requires a percentage question “[i]n any cause in which the jury is required to apportion the loss among the parties.” Tex. R. Civ. P. 277. Thus, PJC 71.13 should be used if the responsibility of more than one person (or product) is submitted to the jury under Tex. Civ. Prac. & Rem. Code ch. 33. Use of “injury” or “occurrence.” See PJC 71.1. The term used in PJC 71.13 should match that used in the liability questions. Product and product defendant submitted jointly. The Committee suggests that the names of both the product and the product defendant be submitted jointly in the comparative question if the charge also submits a question about the product

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