Texas PJC Malpractice 2022

P RODUCTS L IABILITY —T HEORIES OF R ECOVERY

PJC 71.4

PJC 71.4

Design Defect

QUESTION ______ Was there a design defect in the automobile at the time it left the possession of ABC Company that was a producing cause of the [ injury ] [ occurrence ] in question? A “design defect” is a condition of the product that renders it unreasonably dangerous as designed, taking into consideration 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. For a design defect to exist there must have been a safer alternative design. “Safer alternative design” means a product design other than the one actually used that in reasonable probability— 1. would have prevented or significantly reduced the risk of the [ injury ] [ occurrence ] in question without substantially impairing the prod uct’s utility and 2. was economically and technologically feasible at the time the prod uct left the control of ABC Company by the application of existing or reason ably achievable scientific knowledge. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 71.4 may be used in a case in which recovery for a design defect is sought. See Hernandez v. Tokai Corp. , 2 S.W.3d 251, 256 n.8 (Tex. 1999). Source of definition. The definition of “design defect” is based on Tex. Civ. Prac. & Rem. Code §82.005 and Emerson Electric Co. v. Johnson , 627 S.W.3d 197, 205 (Tex. 2021) (discussing the factors listed in American Tobacco Co. v. Grinnell , 951 S.W.2d 420 (Tex. 1997)). Proof of defect and “safer alternative design.” The plaintiff must establish that the product was in a defective condition at the time it left the hands of each particular product defendant. See Placenio v. Allied Industrial International, Inc. , 724 S.W.2d 20, 22 (Tex. 1987) (plaintiff met his burden by evidence and jury findings that defect existed when grinder left Allied’s possession and that defects were producing cause of occurrence); Otis Elevator Co. v. Bedre , 758 S.W.2d 953, 956 (Tex. App.—Beaumont

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