The Bassett Firm
Toll Free : (800)310-9769
Main Phone Number : (214)219-9900
Fax Number : (214)219-9456

Posts tagged "products liability"

Defective Design? No - Obvious danger, says the Texas Supreme Court.

          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.

Beer Bottles and Products Liability: Factors to Consider

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. 

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