Note:
Gillis Reavis, Products Liability in Texas: Foreseeability
and Warnings, 58 Texas L. Rev. 1323 (1980).
Abstract:
In this Note, the author writes that Texas law recognizes a
strict products liability cause of action when a product is
unreasonably dangerous and the dangerous condition results in
physical harm. A product can be unreasonably dangerous either
because of a flaw, a design defect, or a failure to warn. While
exercise of due care is not a defense for flaw or design defect
cases, it is a defense for inadequate warnings. This Note argues
that Texas courts should apply to warning cases the same legal
standards they apply to design defect cases.