§ 33.011.Definitions

Title 2. Trial, Judgment, and Appeal · Subtitle C. Judgments · Chapter 33. Proportionate Responsibility · Subchapter B. Contribution · Last amended 2003 · Last verified August 29, 2026

In one sentenceSection 33.011 defines the chapter's working terms, including a "responsible third party" broad enough to reach anyone alleged to have contributed to the harm and a "settling person" defined by payment rather than by any admission.

Full Text of § 33.011

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In this chapter:

(1)"Claimant" means a person seeking recovery of damages, including a plaintiff, counterclaimant, cross-claimant, or third- party plaintiff. In an action in which a party seeks recovery of damages for injury to another person, damage to the property of another person, death of another person, or other harm to another person, "claimant" includes:

(A)the person who was injured, was harmed, or died or whose property was damaged; and

(B)any person who is seeking, has sought, or could seek recovery of damages for the injury, harm, or death of that person or for the damage to the property of that person.

(2)"Defendant" includes any person from whom, at the time of the submission of the case to the trier of fact, a claimant seeks recovery of damages.

(3)"Liable defendant" means a defendant against whom a judgment can be entered for at least a portion of the damages awarded to the claimant.

(4)"Percentage of responsibility" means that percentage, stated in whole numbers, attributed by the trier of fact to each claimant, each defendant, each settling person, or each responsible third party with respect to causing or contributing to cause in any way, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity violative of the applicable legal standard, or by any combination of the foregoing, the personal injury, property damage, death, or other harm for which recovery of damages is sought.

(5)"Settling person" means a person who has, at any time, paid or promised to pay money or anything of monetary value to a claimant in consideration of potential liability with respect to the personal injury, property damage, death, or other harm for which recovery of damages is sought.

(6)"Responsible third party" means any person who is alleged to have caused or contributed to causing in any way the harm for which recovery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applicable legal standard, or by any combination of these. The term "responsible third party" does not include a seller eligible for indemnity under Section 82.002.

(7)Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 4.10(3).

End

Plain-English Summary

Seven definitions, and several of them carry more weight than definitions usually do.

"Claimant" reaches beyond the named plaintiff. Where a party seeks damages for injury to, or the death of, another person, the term includes both the injured person and anyone seeking, who has sought, or who could seek recovery for that injury. So in a wrongful death case the decedent's own conduct is measured, not only the survivors'.

"Settling person" means a person who at any time paid or promised to pay money or anything of monetary value in consideration of potential liability. The definition turns on payment, not on any admission or finding — a nuisance settlement makes the payer a settling person and puts them on the verdict form.

"Responsible third party" is deliberately wide: any person alleged to have caused or contributed to causing the harm in any way, by negligence, by a defective product, by other conduct violating an applicable legal standard, or any combination. One exclusion: the term does not include a seller eligible for indemnity under Section 82.002 — the innocent retailer a manufacturer must indemnify cannot be turned into a fault-absorbing third party.

"Liable defendant" is a defendant against whom judgment can be entered for at least part of the award, which is the class the contribution provisions operate on. "Defendant" is measured at the time of submission to the trier of fact, not at filing.

"Percentage of responsibility" restates the whole-number standard in the determination section. Subdivision (7) was repealed in 2003.

Frequently Asked Questions

Who counts as a settling person?

Anyone who at any time paid or promised to pay money or anything of monetary value to the claimant in consideration of potential liability. No admission or finding is required.

Can a retailer be designated as a responsible third party?

Not one eligible for indemnity under Section 82.002. That seller is expressly excluded from the definition.

In a wrongful death case, whose fault is measured?

Both the decedent's and that of anyone seeking recovery — "claimant" includes the person who was injured or died as well as those who could seek damages for it.

When is someone a "defendant" for this chapter?

At the time of submission of the case to the trier of fact, not at filing.

Amendment History

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.07, eff. Sept. 2, 1987; Acts 1995, 74th Leg., ch. 136, Sec. 1, eff. Sept. 1, 1995;
Acts 2003, 78th Leg., ch. 204, Sec. 4.05, 4.10(3), eff. Sept. 1, 2003.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source