Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
7 Texas opinions name it 2 courts 1991–2024 2 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ruben Aleman, M.D. v. Texas Medical Boardgreen2 sentences2024Bd., 573 S.W.3d 796, 802 (Tex. 2019). 14 presents an independent hurdle that the claimant must clear to establish a manufacturer’s or seller’s liability on a defective-design claim. 2024Bd., 573 S.W.3d 796, 802 (Tex. 2019). 14 presents an independent hurdle that the claimant must clear to establish a manufacturer’s or seller’s liability on a defective-design claim. | 2 | 2 |
Ford Motor Co. v. Ledesmagreen2 sentences2015See Rourke v. Garza, 530 S.W.2d 794, 800 (Tex.1975) (“It is an appropriate defense that the user voluntarily exposed himself to the risk posed by the defective product with knowledge and appreciation of the danger.”), abrogated, on, other grounds by Ford Motor Co. v. Ledesma, 242 S.W.3d 32 (Tex.2007). 2015See Rourke v. Garza, 530 S.W.2d 794, 800 (Tex. 1975) (“It is an appropriate defense that the user voluntarily exposed himself to the risk posed by the defective product with knowledge and appreciation of the danger.”), abrogated on other grounds by Ford Motor Co. v. Ledesma, 242 S.W.3d 32 (Tex. 2007). | 2 | 2 |
Rourke v. Garzagreen2 sentences2015See Rourke v. Garza, 530 S.W.2d 794, 800 (Tex.1975) (“It is an appropriate defense that the user voluntarily exposed himself to the risk posed by the defective product with knowledge and appreciation of the danger.”), abrogated, on, other grounds by Ford Motor Co. v. Ledesma, 242 S.W.3d 32 (Tex.2007). 2015See Rourke v. Garza, 530 S.W.2d 794, 800 (Tex. 1975) (“It is an appropriate defense that the user voluntarily exposed himself to the risk posed by the defective product with knowledge and appreciation of the danger.”), abrogated on other grounds by Ford Motor Co. v. Ledesma, 242 S.W.3d 32 (Tex. 2007). | 2 | 2 |
Hite v. R.J. Reynolds Tobacco Co.green2 sentences1991On appeal, the Pennsylvania Superior Court held that the failure-to-warn claim was preempted, but that the defective-design claim was not. 578 A.2d at 420 . 1991On appeal, the Pennsylvania Superior Court held that the failure-to-warn claim was preempted, but that the defective-design claim was not. 578 A.2d at 420 . | 1 | 2 |
Hernandez Ex Rel. Emeterio v. Tokai Corp.green1 sentence2011See Tex.Civ.Prac.&Rem.Code Ann . § 82.005(a)(1); Timpte Industries, Inc. , 286 S.W.3d at 311 ; see also Hernandez v. Tokai Corp. , 2 S.W.3d 251, 256 (Tex. 1999)(proof of an alternative safer design does not negate the common law requirement that the alleged defect renders the product unreasonably dangerous); Sipes , 946 S.W.2d at 156 (“A design defect exists if a safer alternative design existed and ‘the defect was a producing cause of the personal injury, property damage, or death for which the claimant seeks recovery.’” [Emphasis added.]). | 1 | 1 |
Sipes v. General Motors Corp.green1 sentence2011See Tex.Civ.Prac.&Rem.Code Ann . § 82.005(a)(1); Timpte Industries, Inc. , 286 S.W.3d at 311 ; see also Hernandez v. Tokai Corp. , 2 S.W.3d 251, 256 (Tex. 1999)(proof of an alternative safer design does not negate the common law requirement that the alleged defect renders the product unreasonably dangerous); Sipes , 946 S.W.2d at 156 (“A design defect exists if a safer alternative design existed and ‘the defect was a producing cause of the personal injury, property damage, or death for which the claimant seeks recovery.’” [Emphasis added.]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Uniroyal Goodrich Tire Co. v. Martinez
green
1 sentence2015Id. at 384 . | 1 | 2015–2015 |
Timpte Industries, Inc. v. Gish
green
1 sentence2011See Tex.Civ.Prac.&Rem.Code Ann . § 82.005(a)(1); Timpte Industries, Inc. , 286 S.W.3d at 311 ; see also Hernandez v. Tokai Corp. , 2 S.W.3d 251, 256 (Tex. 1999)(proof of an alternative safer design does not negate the common law requirement that the alleged defect renders the product unreasonably dangerous); Sipes , 946 S.W.2d at 156 (“A design defect exists if a safer alternative design existed and ‘the defect was a producing cause of the personal injury, property damage, or death for which the claimant seeks recovery.’” [Emphasis added.]). | 1 | 2011–2011 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.