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Texas Statutes (Last Updated: January 4, 2014) |
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CIVIL PRACTICE AND REMEDIES CODE |
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Title 4. LIABILITY IN TORT |
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Chapter 82. PRODUCTS LIABILITY |
Sec. 82.006. FIREARMS AND AMMUNITION
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(a) In a products liability action brought against a manufacturer or seller of a firearm or ammunition that alleges a design defect in the firearm or ammunition, the burden is on the claimant to prove, in addition to any other elements that the claimant must prove, that:
(1) the actual design of the firearm or ammunition was defective, causing the firearm or ammunition not to function in a manner reasonably expected by an ordinary consumer of firearms or ammunition; and
(2) the defective design was a producing cause of the personal injury, property damage, or death.
(b) The claimant may not prove the existence of the defective design by a comparison or weighing of the benefits of the firearm or ammunition against the risk of personal injury, property damage, or death posed by its potential to cause such injury, damage, or death when discharged.