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In particular, we consider what efect, if any, section 10 has or will have on the adoption of the duty, and whether courts have been receptive to the standards suggested by the restatement. Evolution and future of the post sale duty originally published at the def Products liability (1997) (hereinafter “third restatement”).

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However, texas courts have held that a duty may arise if the manufacturer has “significant control” over the product and/or voluntarily assumes the duty to warn. The common law generally says that a product manufacturer or seller can be liable for failing to provide a warning after sale or distribution if a reasonable person in the seller’s position would have provided such a warning.