Texas Supreme Court
L. A. McKisson, Petitioner v. Sales Affiliates, Inc., Respondent
June 21, 1967416 S.W.2d 787
Summary
The Texas Supreme Court affirmed the trial court's judgment, holding that the distributor of a defective hair lotion is strictly liable to the consumer under Section 402A of the Restatement, and that contributory negligence is not a defense to a strict liability claim. The Court also affirmed that the product reached the consumer without substantial change and that the negligence claim is barred by contributory negligence. Justice Griffin dissented, arguing that contributory negligence should preclude recovery.