§ 82.004 Inherently unsafe products


(a)  In a products liability action, a manufacturer or seller shall not be liable if:
    (1)  the product is inherently unsafe and the product is known to be unsafe by the ordinary consumer who consumes the product with the ordinary knowledge common to the community; and
    (2)  the product is a common consumer product intended for personal consumption, such as:
        (A) sugar, castor oil, alcohol, tobacco, and butter, as identified in Comment i to Section 402A of the Restatement (Second) of Torts; or
        (B)  an oyster.
(b)  For purposes of this section, the term "products liability action" does not include an action based on manufacturing defect or breach of an express warranty.
Added by Acts 1993, 73rd Leg., ch. 5, Sec. 1, eff. Sept. 1, 1993.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1146, Sec. 1, eff. September 1, 2007.