Product Liability -- active



Johnson v. Emerson Electric Co.   (Texas Supreme Court)

Duty to warn of product risks

The NAM filed an amicus brief in the Texas Supreme Court to seek reversal of a Texas appellate court decision that improperly imposed liability on a manufacturer for its alleged failure to adequately warn of risks from one of its commercial air conditioners. An experienced HVAC repairman was injured when an HVAC compressor released pressurized fluids. The repairman sued the manufacturer, claiming the warning of such releases was insufficiently descriptive. A Texas jury found in the plaintiff’s favor, and an appeals court affirmed. The company is seeking review by the Texas Supreme Court. In support of review, the NAM filed an amicus brief that argued against court of appeals’ unsupported expansion of the duty of a manufacturer to warn licensed professionals of known risks. The NAM’s brief also asks the court to clarify the jury instructions in failure-to-warn cases such as this.


Related Documents:
NAM brief  (February 19, 2019)

 


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