§ 33.003.Determination of Percentage of Responsibility

This is the verdict form, described in statute.

As to each cause of action asserted, the trier of fact determines the percentage of responsibility, stated in whole numbers, for four categories: each claimant, each defendant, each settling person, and each responsible third party who has been designated under the designation section.

Note who appears on that list. Settling persons and designated third parties are given percentages even though no judgment can be entered against them. Their shares come off the top, which is the whole point — a defendant who goes to trial is measured against everyone who contributed to the harm, not only against those still in the room.

The conduct that counts is stated broadly: causing or contributing to cause the harm in any way, whether by negligent act or omission, by a defective or unreasonably dangerous product, by other conduct violating an applicable legal standard, or by any combination.

Subsection (b) is the limit, and it is the one that gets litigated. The section does not allow submission of a question about any person's conduct without sufficient evidence to support the submission. A name cannot be put on the verdict form on assertion alone. That requirement pairs with the motion to strike a designation, which tests the same evidentiary question before trial.

"As to each cause of action" means the percentages are found separately for each claim, so a case with a negligence count and a products count may produce two different apportionments.