Can contractors sue property owners for personal injury when they are injured by the same object they were hired to repair? Please read this entry to learn how a recent El Paso, Texas, case interpreting Chapter 95 of the Texas Civil Practice & Remedies Code may affect your future claims.
Recently, in the case of Gann v. Anheuser-Busch, Inc. and Falls Distributing, no. 08-11-00017-CV, 2012 WL 3026369 (Tex. App.-El Paso July 25, 2012), the El Paso Court of Appeals addressed a Plaintiff's product liability claim against Anheuser-Busch and Falls Distributing, the manufacturer and distributor, alleging that a long neck beer bottle was a dangerous weapon. Based on their analysis, the Court of Appeals upheld the trial court's ruling on a Motion for Summary Judgment against the Plaintiff. The Court of Appeals discussed the factors needed to prevail in a product liability case and determined that the Plaintiff did not meet her burden in proving the factors needed.