It is not unusual to face a scenario where a product linked in a loss is manufactured by a foreign defendant. In such situations there can be a hesitation to pursue the foreign defendant offered the cost and uncertainty of actually naming and serving the foreign entity.
Under Texas product liability law, a seller of a product is typically not accountable for damages caused by the product unless one of the statutorily mandated exceptions use. If a plaintiff can establish that the manufacturer of the product thought of triggering damages is not subject to the jurisdiction of the court, the seller can be responsible for the harm caused to the claimant by that product. As soon as service is improved on the secretary of state and the foreign manufacturer fails to address or otherwise make a look in the time needed by law, it is conclusively presumed that the foreign manufacturer is not subject to the jurisdiction of the court unless the seller is able to secure personal jurisdiction over the manufacturer in the action.
When managing a loss in Texas where a product manufactured by a foreign accused is linked, a plaintiff would be smart to examine whether the seller or distributor is an enough target to pursue. If it is, the complainant must serve the foreign accused via the Texas secretary of state and if the foreign manufacturer fails to respond to, the seller or supplier can be accountable for the damages sustained unless it can secure personal jurisdiction over the product manufacturer. Such an approach efficiently moves the concern to protect jurisdiction over the foreign manufacturer to the seller and permits the plaintiff to possibly avoid the expense and headache included with personally serving a foreign manufacturer.