§ 82.001.Definitions

Four definitions, and the first two shape the whole chapter.

"Products liability action" means any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product — whether the action is based in strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories.

The theory does not matter. A claim about a defective product is governed by this chapter however pleaded, which is what makes the seller indemnity, the design defect elements, and the presumptions apply across the board.

"Manufacturer" is a designer, formulator, constructor, rebuilder, fabricator, producer, compounder, processor, or assembler of a product or component part who places it in the stream of commerce. Nine roles, and the list reaches a rebuilder and a formulator as readily as a factory.

"Seller" is a person engaged in the business of distributing or otherwise placing, for any commercial purpose, in the stream of commerce for use or consumption a product or component part.

The two categories overlap and the distinction carries real consequences. A manufacturer must indemnify a seller; a non-manufacturing seller is not liable at all unless one of seven conditions is proved; and a seller eligible for that indemnity cannot be designated as a responsible third party under the proportionate responsibility chapter.

"Claimant" covers a plaintiff, counterclaimant, or cross-claimant.