Recently by Michael D. Napoli
Litigation
Letting the Genie out of the Bottle: Has Texas reverted to the common law “open and obvious danger” rule?
The risk/utility test has been a fixture of products liability law for decades. The test provides that a product is unreasonably dangerous, that is, defective, if its risks outweigh its utility. To determine whether a product is unreasonably dangerous, a jury balances a product’s risk...
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