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· 8/26/1999

Hernandez Ex Rel. Emeterio v. Tokai Corp.

Citations

  • 2 S.W.3d 251
  • 42 Tex. Sup. Ct. J. 1131
  • 1999 Tex. LEXIS 100
  • 1999 WL 645114

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • risk-utility analysis of a cigarette lighter must be conducted in light of its intended adult users
  • “[I]n general, the obviousness of danger in and of itself is not an absolute bar ... to liability for a defective design.”
  • Texas statute requires plaintiff alleging design defect to show safer alternative design would have prevented injury
  • applying foreseeability consideration to misuse of product

Source: CourtListener parenthetical corpus (CC0).

Judges: Hecht

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.