Texas PJC Malpractice 2022

Subject Index

Product defect caused by substantial change after sale, 70.6 definition of, 71.3, 71.9 design defect, 71.4, 71.9 Product defendant, negligence of, 71.13, 71.15 Products liability, chs. 70, 71. See also Strict tort liability applicable to sellers of products, 70.5 breach of warranty express, 71.12 of fitness for a particular purpose, implied, 71.11 of merchantability, implied, 71.9, 71.10 proximate cause, 70.2 contribution defendant, 71.2, 71.14 design defect, 71.4, 71.9 inadequate warnings or instructions, 71.5 manufacturing defect, 71.3 marketing defect, 71.5 misrepresentation by seller, 71.6 producing cause, 70.1 proportionate responsibility, 71.13–71.15 proximate cause, 70.2 in claim for breach of express or implied warranty, 71.10, 71.11 rebuttable presumption in failure to warn or instruct, 71.5 settling person, submission of, 71.2 sole cause, 70.4 substantial change or alteration of product, 70.6 Professional associations, 51.3 Professional negligence, 61.5, 61.6 Property cost of repairs, 83.4 destruction, 83.3 loss of use, 83.3, 83.4 salvage value, 83.3

invitee, plaintiff as, 66.4, 66.6, 66.7 licensee, plaintiff as, 66.5–66.7 injured by gross negligence, 66.8 necessary-use exception, 66.4 negligence, definition of, 65.2, 65.3 new and independent cause, 65.5 ordinary care, definition of, 65.2, 65.3 owner’s or occupier’s degree of care, 65.2 possessor of premises, duty owed by, 66.8 for attractive nuisance, 66.10 property owner’s liability to contractors, 66.14 right to control, 66.3, 66.14 proportionate responsibility, 66.11–66.13 proximate cause, definition of, 65.4, 65.5 for child’s degree of care, 65.3 if ordinary care not applicable to all, 65.4, 65.5 recreational users, 66.9 right to control, 66.3, 66.14 sole proximate cause, 65.6 trespasser, plaintiff as, 66.7, 66.9 definition of, 66.7 trespassing child, liability for harm to, 66.10 unreasonable risk of harm, 66.4, 66.5 gross negligence, 66.8, 66.9 plaintiff as trespasser, 66.6, 66.9 wild animals, 66.4 Preponderance of evidence, definition of, Introduction (4)(f), 40.3 Prescription drug, physician’s duty to warn in use of, 71.5 Preservation of charge error, 86.1, 86.2 Presiding juror, duties of, 40.3 Privilege Fifth Amendment, 40.11 generally no inference, 40.10 Producing cause definition of, in strict liability case, 70.1 possible substitute for proximate cause, 51.16

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