Boatland of Houston, Inc., Petitioner v. Valerie Bailey, Respondents

Summary

The Texas Supreme Court affirmed the trial court's take‑nothing judgment for Boatland, holding that the appellate reversal was erroneous. It ruled that evidence of the state of the art is admissible in a strict‑liability design‑defect inquiry and that the erroneous submission of misuse, warning‑failure, and assumption‑of‑risk issues was harmless error. The Court also clarified that such state‑of‑the‑art evidence is not a defense. Justice Campbell dissented, and Justice Pope filed a concurring opinion urging reform of misuse and assumption‑of‑risk defenses.