Texas Supreme Court

Gloria Marie Hernandez, as Next Friend of Ruben Richard Emeterio, a Minor, Appellant v. Tokai Corporation And…

August 26, 199942 Tex. Sup. Ct. J. 1131

Summary

The Texas Supreme Court answered the Fifth Circuit’s certified question, holding that a legal representative of a minor injured by another minor’s misuse of an adult‑intended product may maintain a defective‑design claim under the Texas Products Liability Act if the plaintiff proves a safer alternative design, shows the product was unreasonably dangerous as designed, and establishes the defect as the producing cause of the injury; the Court also explained the applicable risk‑utility analysis.