Texas Pattern Jury Charges—Malpractice, Premises & Products (2022 Ed.)
PJC Charges

Chapter 40 Admonitory Instructions

40-1 Instructions to Jury Panel before Voir Dire Examination
40-2 Instructions to Jury after Jury Selection
40-3 Charge of the Court
40-3A Charge of the Court—Twelve-Member Jury
40-3B Charge of the Court—Six-Member Jury
40-3 alt addl certificate
40-4 Additional Instruction for Bifurcated Trial
40-4 alt addl certificate
40-5 Instructions to Jury after Verdict
40-6 Instruction to Jury If Permitted to Separate
40-7 Instruction If Jury Disagrees about Testimony
40-8 Circumstantial Evidence (Optional)
40-9 Instructions to Deadlocked Jury
40-10 Privilege—Generally No Inference
40-11 Fifth Amendment Privilege—Adverse Inference May Be Considered
40-12 Parallel Theories on Damages
40-13 Instruction on Spoliation

[Chapters 41–49 are reserved for expansion.]

Chapter 50 Medical Malpractice—Definitions, Instructions, and Preliminary Questions

50-1 Physician’s Degree of Care; Proximate Cause
50-1 addl instr survival
50-1 alt def ordinary care
50-2 Hospital’s Degree of Care; Proximate Cause
50-2 addl instr hospital acts
50-2 addl instr independent contractor
50-2 alt defs negligence care cause
50-2 addl instr hospital policies
50-2 addl instr survival
50-2 alt def ordinary care
50-3 Health Care Personnel’s Degree of Care; Proximate Cause
50-3 addl instr survival
50-4 New and Independent Cause—Medical
50-5 Sole Proximate Cause—Medical
50-6 Physician-Patient Relationship
50-6 addl instr termination
50-7 Evidence of Bad Result
50-8 Open Courts Challenge

Chapter 51 Medical Malpractice—Theories of Direct Liability

51-1 Use of “Injury” or “Occurrence” (Comment)
51-1 addl instr failure care
51-2 Submission of Settling Persons, Contribution Defendants, and Responsible Third Parties (Comment)
51-3 Negligence of Physician, Hospital, or Other Health Care Provider
51-4 Proportionate Responsibility—Medical
51-4 alt submission negligence only
51-5 Proportionate Responsibility If Contribution Defendant Is Joined—Medical
51-6 Proportionate Responsibility—Medical—Derivative Claimant
51-7 Abandonment of Patient by Physician
51-8 Res Ipsa Loquitur—Medical (Comment)
51-8 sample instr
51-9 Informed Consent (Common Law)
51-10 Informed Consent (Statutory)—Procedure Not on List A or B—No Emergency or Other Medically Feasible Reason for Nondisclosure—Disclosure in Issue
51-11 Informed Consent (Statutory)—Procedure on List A—No Emergency or Other Medically Feasible Reason for Nondisclosure—No Disclosure
51-12 Informed Consent (Statutory)—Procedure on List A—No Emergency or Other Medically Feasible Reason for Nondisclosure—Disclosure Not in Statutory Form
51-13 Informed Consent (Statutory)—Procedure on List A—No Disclosure—Emergency or Other Medically Feasible Reason for Nondisclosure in Issue
51-14 Informed Consent (Statutory)—Procedure on List A—Validity of Disclosure Instrument in Issue
51-15 Battery—Medical
51-16 Express Warranty—Medical
51-17 Implied Warranty—Medical (Comment)
51-18 Emergency Care and Emergency Medical Care
51-18A Emergency Care (Good Samaritan)
51-18B Emergency Medical Care
51-18B alt def emergency medical care
51-19 Malicious Credentialing Claim against a Hospital
51-20 The Emergency Medical Treatment and Active Labor Act (EMTALA)—Medical Screening Examinations and/or Stabilization before Transfer When a Patient Comes to a Hospital with an Emergency Medical Condition
51-21 Liability of Physicians, Health Care Providers, and First Responders During Pandemic (Comment)

Chapter 52 Medical Malpractice—Theories of Vicarious Liability

52-1 Borrowed Employee—Medical—Liability of Borrowing Employer
52-2 Borrowed Employee—Medical—Lending Employer’s Rebuttal Instruction
52-3 Borrowed Employee—Medical—Disjunctive Submission of Lending or Borrowing Employer
52-4 Ostensible Agency—Question and Instruction

[Chapter 53 Medical Malpractice—Defenses: Defensive theories may be found in PJCs 50.4–50.7, 51.4–51.6, 51.18, and 51.21.]

[Chapters 54–59 are reserved for expansion.]

Chapter 60 Nonmedical Professional Malpractice—Definitions and Instructions

60-1 Nonmedical Professional’s Degree of Care; Proximate Cause
60-2 New and Independent Cause—Nonmedical Professional
60-3 Sole Proximate Cause—Nonmedical Professional

Chapter 61 Nonmedical Professional Malpractice—Theories of Recovery

61-1 Use of “Injury” or “Occurrence” (Comment)
61-1 addl instr failure care
61-2 Submission of Settling Persons, Contribution Defendants, and Responsible Third Parties (Comment)
61-3 Nonmedical Professional Relationship—Existence in Dispute
61-3 addl instr termination
61-4 Question and Instruction on Negligent Misrepresentation
61-5 Negligence of Nonmedical Professional
61-5 addl predicate Q innocence
61-6 Breach of Fiduciary Duty of Nonmedical Professional (Comment)
61-7 Proportionate Responsibility—Nonmedical Professional
61-7 alt submission negligence only
61-8 Proportionate Responsibility If Contribution Defendant Is Joined—Nonmedical Professional
61-9 Proportionate Responsibility—Nonmedical Professional—Derivative Claimant
61-10 Liability of Attorneys under Deceptive Trade Practices Act (Comment)
61-11 Attorney-Client Relationship—Existence in Dispute
61-11 addl instr termination
61-12 Breach of Fiduciary Duty against Attorney in His Role as Attorney—Burden on Attorney
61-13 Question on Discovery Rule—Attorney Malpractice, Breach of Fiduciary Duty, or Fraud

[Chapters 62–64 are reserved for expansion.]

Chapter 65 Premises Liability—Definitions and Instructions

65-1 Application—Distinction between Premises Defect, Negligent Activity, and Negligence of Nonsubscribing Employer (Comment)
65-2 Negligence and Ordinary Care of Plaintiffs or of Defendants Other Than Owners or Occupiers of Premises
65-3 Child’s Degree of Care
65-3 addl instr child and adult
65-4 Proximate Cause—Premises
65-5 New and Independent Cause—Premises
65-6 Sole Proximate Cause—Premises
65-7 Unavoidable Accident
65-8 Act of God
65-9 Emergency

Chapter 66 Premises Liability—Theories of Recovery

66-1 Use of “Injury” or “Occurrence” (Comment)
66-1 addl instr failure care
66-2 Submission of Settling Persons, Contribution Defendants, and Responsible Third Parties (Comment)
66-3 Premises Liability Based on Negligent Activity or Premises Defect—Right to Control
66-4 Premises Liability—Plaintiff Is Invitee
66-4 alt Q necessary use
66-5 Premises Liability—Plaintiff Is Licensee
66-6 Premises Liability—Plaintiff’s Status in Dispute
66-6 alt def licensee
66-7 Premises Liability—Disjunctive Submission of Invitee-Licensee for Alternate Theories of Recovery
66-7 alt defs licensee trespasser
66-8 Premises Liability—Plaintiff-Licensee Injured by Gross Negligence
66-9 Premises Liability—Plaintiff Is Trespasser
66-10 Premises Liability—Attractive Nuisance
66-11 Premises Liability—Proportionate Responsibility
66-11 alt submission negligence only
66-12 Premises Liability—Proportionate Responsibility If Contribution Defendant Is Joined
66-13 Premises Liability—Proportionate Responsibility—Derivative Claimant
66-14 Property Owner’s Liability to Contractors, Subcontractors, or Their Employees (Tex. Civ. Prac. & Rem. Code Ch. 95)

[Chapters 67–69 are reserved for expansion.]

Chapter 70 Products Liability—Definitions, Instructions, and Preliminary Questions

70-1 Producing Cause—Products Liability
70-1 alt def producing cause
70-2 Proximate Cause—Breach of Warranty
70-2 alt def proximate cause
70-3 New and Independent Cause—Products Liability
70-4 Sole Cause—Products Liability
70-5 Seller of a Product
70-5 addl Q product seller
70-6 Substantial Change in Condition or Subsequent Alteration by Affirmative Conduct—Instruction
70-7 Statute of Repose (Comment)

Chapter 71 Products Liability—Theories of Recovery

71-1 Use of “Injury” or “Occurrence” (Comment)
71-1 addl instr failure care
71-2 Submission of Settling Persons, Contribution Defendants, and Responsible Third Parties (Comment)
71-3 Manufacturing Defect
71-4 Design Defect
71-5 Defect in Warnings or Instructions (Marketing Defect)
71-6 Misrepresentation
71-6 alt instr express rep
71-6 alt instr intermediary
71-6 alt instr reliance
71-7 Negligence in Products Cases
71-8 Negligent Undertaking
71-9 Breach of Implied Warranty of Merchantability (Tex. UCC § 2.314(b)(3)) (Design Defect)
71-10 Breach of Implied Warranty of Merchantability (Tex. UCC § 2.314(b)(1), (b)(2), (b)(4), (b)(6))
71-11 Breach of Implied Warranty of Fitness for a Particular Purpose (Tex. UCC § 2.315)
71-12 Breach of Express Warranty (Tex. UCC § 2.313)
71-12 preliminary Qs
71-13 Products Liability—Proportionate Responsibility
71-13 addl instr contribution
71-13 addl instr plaintiff conduct
71-14 Products Liability—Proportionate Responsibility If Contribution Defendant Is Joined
71-15 Products Liability—Proportionate Responsibility—Derivative Claimant

Chapter 72 Joint and Several Liability

72-1 Application—Joint and Several Liability as a Consequence of Certain Penal Code Violations (Comment)
72-2 Question and Instructions—Murder as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(A))
72-3 Question and Instructions—Capital Murder as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(B))
72-4 Question and Instructions—Aggravated Kidnapping as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(C))
72-5 Question and Instructions—Aggravated Assault as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(D))
72-6 Question and Instructions—Sexual Assault as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(E))
72-7 Question and Instructions—Aggravated Sexual Assault as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(F))
72-8 Injury to Child, Elderly Individual, or Disabled Individual as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(G))
72-8A Question and Instructions—Injury to a Child as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(G))
72-8B Question and Instructions—Injury to an Elderly Individual as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(G))
72-8C Question and Instructions—Injury to a Disabled Individual as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(G))
72-9 Question and Instructions—Forgery as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(H))
72-10 Question and Instructions—Commercial Bribery as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(I))
72-11 Question and Instructions—Misapplication of Fiduciary Property or Property of Financial Institution as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(J))
72-12 Question and Instructions—Fraudulent Securing of Document Execution as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(K))
72-13 Question and Instructions—Fraudulent Destruction, Removal, Alteration, or Concealment of Writing as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(L))
72-14 Question and Instructions—Theft as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(M))
72-15 Question and Instructions—Continuous Sexual Abuse of a Young Child or Disabled Individual as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(N))

[Chapters 73–79 are reserved for expansion.]

Chapter 80 Personal Injury Damages

80-1 Personal Injury Damages—Instruction Conditioning Damages Questions on Liability
80-2 Personal Injury Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes
80-3 Personal Injury Damages—Basic Question
80-3 alt Q broad form
80-3 alt Q one element only
80-3 alt elements medical care
80-3 addl instr phys impair
80-4 Personal Injury Damages—Injury of Spouse
80-5 Personal Injury Damages—Injury of Minor Child
80-6 Personal Injury Damages—Parents’ Loss of Services of Minor Child
80-7 Personal Injury Damages—Instructions in Cases Involving Preexisting Injury or Condition or Subsequent Aggravation of Injury
80-7A Personal Injury Damages—No Aggravation of Preexisting Symptomatic Condition or Injury and No Eggshell Plaintiff
80-7B Personal Injury Damages—Aggravation of Symptomatic Preexisting Injury or Condition
80-7C Personal Injury Damages—Asymptomatic Preexisting Injury or Condition—Eggshell Plaintiff
80-7D Personal Injury Damages—Instructions in Cases Involving Subsequent Aggravation of Injury
80-8 Personal Injury Damages—Exclusionary Instruction for Failure to Mitigate
80-8 alt instr plaintiff negligence
80-9 Personal Injury Damages—Cautionary Instruction Concerning Damages Limit in Health Care Suit
80-10 Personal Injury Damages—Child’s Loss of Consortium—Question about Parent’s Injury
80-11 Personal Injury Damages—Child’s Loss of Consortium—Damages Question
80-12 Personal Injury Damages—Bystander Claim
80-12A Bystander Status
80-12B Bystander Claim—Damages Question

Chapter 81 Wrongful Death Damages

81-1 Wrongful Death Damages—Instruction Conditioning Damages Questions on Liability
81-2 Wrongful Death Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes
81-3 Wrongful Death Damages—Claim of Surviving Spouse
81-3 addl instr community estate
81-3 alt element add to estate
81-3 alt Q broad form
81-4 Wrongful Death Damages—Claim of Surviving Child
81-4 alt element add to estate
81-5 Wrongful Death Damages—Claim of Surviving Parents of Minor Child
81-6 Wrongful Death Damages—Claim of Surviving Parents of Adult Child
81-7 Wrongful Death Damages—Cautionary Instruction Concerning Damages Limit in Health Care Suit

Chapter 82 Survival Damages

82-1 Survival Damages—Instruction Conditioning Damages Questions on Liability
82-2 Survival Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes
82-3 Survival Damages—Compensatory Damages
82-3 alt Q broad form
82-4 Survival Damages—Cautionary Instruction Concerning Damages Limit in Health Care Suit

Chapter 83 Property Damages

83-1 Property Damages—Instruction Conditioning Damages Questions on Liability
83-2 Property Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes
83-3 Personal Property Damages—Total Destruction of Property
83-4 Property Damages—Partial Destruction of Property
83-4A Property Damages—Partial Destruction of Property—Difference in Market Value Only
83-4B Property Damages—Partial Destruction of Property—Cost of Repairs
83-4 addl element diff in market value

Chapter 84 Economic Damages

84-1 Economic Damages—Instruction Conditioning Damages Questions on Liability
84-2 Economic Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes
84-3 Economic Damages—Nonmedical Professional Malpractice
84-4 Sample Instructions for Economic Damages—Legal Malpractice
84-5 Sample Instructions for Economic Damages—Accounting Malpractice
84-6 Economic Damages—Question and Instruction on Monetary Loss Caused by Negligent Misrepresentation
84-6 alt instr sep elements
84-6 addl instr sep theories
84-7 Attorney’s Fee Forfeiture (Comment)

Chapter 85 Exemplary Damages

85-1 Standard for Recovery of Exemplary Damages—Gross Negligence
85-1 addl instr malice
85-2 Imputing Gross Negligence to a Corporation
85-3 Determining Amount of Exemplary Damages
85-4 Apportioning Exemplary Damages
85-5 Question and Instructions—Murder as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(1))
85-5 alt defs 1 knowingly intentionally
85-5 alt defs 2 knowingly intentionally
85-5 addl defs death individual
85-5 defs injury
85-6 Question and Instructions—Capital Murder as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(2))
85-6 Code subparts
85-6 alt defs 1 knowingly intentionally
85-6 alt defs 2 knowingly intentionally
85-6 addl defs death individual
85-7 Question and Instructions—Aggravated Kidnapping as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(3))
85-7 Code subparts
85-7 alt defs 1 knowingly intentionally
85-7 alt defs 2 knowingly intentionally
85-8 Question and Instructions—Aggravated Assault as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(4))
85-8 alt defs 1 knowingly intentionally
85-8 alt defs 2 knowingly intentionally
85-8 defs injury
85-9 Question and Instructions—Sexual Assault as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(5))
85-9 Code subparts
85-9 alt defs 1 knowingly intentionally
85-9 alt defs 2 knowingly intentionally
85-9 def child
85-9 def consent
85-10 Question and Instructions—Aggravated Sexual Assault as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(6))
85-10 Code subparts
85-10 alt defs 1 knowingly intentionally
85-10 alt defs 2 knowingly intentionally
85-10 def child
85-10 def elderly
85-10 def disabled
85-10 defs injury
85-10 def consent
85-11 Injury to a Child, Elderly Individual, or Disabled Individual as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(7))
85-11A Question and Instructions—Injury to a Child as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(7))
85-11A alt defs 1 knowingly intentionally
85-11A alt defs 2 knowingly intentionally
85-11A defs injury
85-11B Question and Instructions—Injury to an Elderly Individual as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(7))
85-11B alt defs 1 knowingly intentionally
85-11B alt defs 2 knowingly intentionally
85-11B defs injury
85-11C Question and Instructions—Injury to a Disabled Individual as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(7))
85-11C alt defs 1 knowingly intentionally
85-11C alt defs 2 knowingly intentionally
85-11C defs injury
85-12 Question and Instructions—Fraudulent Securing of Document Execution as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(11))
85-12 alt def 1 intentionally
85-12 alt def 2 intentionally
85-12 alt def service
85-12 alt def effective consent
85-13 Question and Instructions—Commercial Bribery as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(9))
85-13 alt defs 1 knowingly intentionally
85-13 alt defs 2 knowingly intentionally
85-13 addl def consent
85-13 addl def benefit
85-13 alt Q bribery
85-14 Question and Instructions—Misapplication of Fiduciary Property or Property of Financial Institution as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(10))
85-14 alt defs 1 knowingly intentionally
85-14 alt defs 2 knowingly intentionally
85-14 addl def agreement
85-14 alt Q financial institution
85-15 Question and Instructions—Forgery as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(8))
85-15 alt def 1 intentionally
85-15 alt def 2 intentionally
85-16 Question and Instructions—Fraudulent Destruction, Removal, or Concealment of Writing as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(12))
85-16 alt def 1 intentionally
85-16 alt def 2 intentionally
85-17 Question and Instructions—Theft as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(13))
85-17 alt def 1 intentionally
85-17 alt def 2 intentionally
85-17 alt instrs consent
85-18 Question and Instructions—Intoxication Assault as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(14))
85-19 Question and Instructions—Intoxication Manslaughter as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(15))
85-20 Question and Instructions—Continuous Sexual Abuse of Young Child or Disabled Individual as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(16))
85-20 alt defs 1 knowingly intentionally
85-20 alt defs 2 knowingly intentionally
85-20 alt def disabled
85-21 Question and Instructions—Trafficking of Persons as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(17))
85-21 Code subparts
85-21 alt def 1 knowingly
85-21 alt def 2 knowingly
85-21 def forced labor
85-21 def coercion

Chapter 86 Preservation of Charge Error

86-1 Preservation of Charge Error (Comment)
86-2 Broad-Form Issues and the Casteel Doctrine (Comment)