adopting the strict liability action defined in section 402A of the Restatement (Second) of Torts, which provides for damages caused by a defective product that is unreasonably dangerous
How later courts described this case
- adopting the strict liability action defined in section 402A of the Restatement (Second) of Torts, which provides for damages caused by a defective product that is unreasonably dangerous
- adopting the Restatement (Second) of Torts § 402A to govern strict liability tort claims for defective products that cause physical harm
- "Strict liability in tort lies against a distributor as well as a manufacturer.”
- “One who delivers an advertising sample to another with the expectation of profiting therefrom through future sales is in the same position as one who sells the product.”
Written by the judges who cited it.
The opinion
DISSENTING OPINION
GRIFFIN, Justice.
I dissent from the holding that contributory negligence is not a defense to this action for the reasons I have set out fully in my dissent filed to the majority opinion in Shamrock Fuel & Oil Sales Co. v. Tunks et al., Tex., 416 S.W.2d 779 .