Texas House Bill HB1988

Texas 2015 - 84th Regular

Caption

Relating to the liability of sellers and manufacturers for the misuse of a product.

Impact

The implications of HB 1988 on state law are significant, particularly in modifying the existing legal framework governing product liability. By explicitly stating that manufacturers or sellers cannot be held liable for damages caused by product misuse, the bill seeks to protect these entities from frivolous lawsuits or claims arising from consumer negligence. This change aims to reduce the legal burdens on businesses, allowing them to operate with greater certainty regarding their liabilities. However, it also places a greater responsibility on consumers to utilize products as intended, which may lead to increased scrutiny of consumer behavior in related legal cases.

Summary

House Bill 1988 introduces amendments to Chapter 82 of the Civil Practice and Remedies Code, specifically targeting the liability of sellers and manufacturers concerning the misuse of products. The bill defines 'misuse' as usage that diverges from the product's intended purpose, particularly when such use is inconsistent with applicable specifications, contrary to provided instructions, or deemed improper by relevant federal or state agencies. This clarifies the circumstances under which manufacturers or sellers may not be held liable for product-related claims, emphasizing that misuse directly absolves them from responsibility for resulting harm.

Contention

The enactment of HB 1988 could foster a contentious debate in legal and consumer advocacy circles. Proponents assert that the bill encourages responsible consumer behavior and protects businesses from unjust outcomes due to misuse. This could result in healthier economic conditions for manufacturers and sellers who would otherwise face extensive legal risks. However, opponents might argue that it undermines consumer protection laws by limiting recourse for individuals harmed by products. If consumers are unable to seek compensation in cases where misuse has not been adequately defined or publicized, they could find themselves at a disadvantage. Thus, the bill raises essential questions about the balance between business interests and consumer rights in the state.