In Genie Indus., Inc. v. Matak, the Texas Supreme Court reversed a jury's finding of a defective design based on the fact that the danger, which ultimately led to a worker's death, was open and obvious. In this case, the workers, prompted by on-site customer representatives, decided to save time by attempting to move a fully extended platform lift while a worker was still on board and elevated 40 feet in the air. Almost immediately, the lift toppled over and the worker fell to his death.
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.