Texas Supreme Court's Unsettling Opinion On Causation
July 14, 2011, 5:43 PM EDT
Law360, New York (July 14, 2011, 5:43 PM EDT) -- BIC Pen Corp. v. Carter has been decided, again, and seemingly for the last time. The court previously disposed of the design defect claims, and this time the tragic case of a little girl severely burned as a consequence of her 5-year-old brother playing with a lighter was before the Texas Supreme Court on the issues of manufacturing defect and causation.
Given that BIC's own tests of the lighter involved in the accident showed that a flame was produced more readily (because less force was required)...