Products Liability In Texas

Abstract

Discusses the problems with strict liability that result from a lack of uniformity in loss allocation between strict tort liability and comparative negligence under article 2212(a). The distribution of loss between the victim and several tortfeasors, either with or without settlement, should be applied uniformly rather than turning upon whether the non-settling tortfeasor was negligent or strictly liable. The author believes that these issues should be resolved by the Supreme Court in the next term.