GANN v. ANHEUSER-BUSCH, INC.
Court of Appeals of Texas, Eighth District, El Paso.
July 25, 2012.
PRODUCTS LIABILITY LAW — DESIGN DEFECT
In her first point of error, Gann contends that the trial court erred by granting summary judgment for Anheuser-Busch on Gann's design defect claim. We disagree.Applicable Law
In a products liability action in which a claimant alleges a design defect, a claimant must prove by a preponderance of the evidence that: (1) the defect renders the product "unreasonably dangerous;" (2) the defect was a producing cause of the personal injury, property damage, or death for which the claimant seeks recovery; and (3) there was a safer alternative design. TEX.CIV.PRAC.&REM.CODE ANN. § 82.005(a)(West 2011); Timpte Indus., Inc. v. Gish, 286 S.W.3d 306, 311 (Tex. 2009). To determine whether a product was defectively designed so as to render it unreasonably dangerous, we apply a risk-utility analysis that requires consideration of the following factors:
(1) the utility of the product to the user and to the public as a whole weighed against the gravity and likelihood of injury from its use;
(2) the availability of a substitute product which would meet the same need and not be unsafe or unreasonably expensive;
(3) the manufacturer's ability to eliminate the unsafe character of the product without seriously impairing its usefulness or significantly increasing its costs;