Hernandez Ex Rel. Emeterio v. Tokai Corp.

The United States Court of Appeals for the Fifth Circuit has certified to us the following question:

Under the Texas Products Liability Act of 1993,[ 1 ] can the legal representative of a minor child injured as a result of the misuse of a product by another minor child maintain a defective-design products liability claim against the product’s manufacturer where the product was intended to be used only by adults, the risk that children might misuse the product was obvious to the product’s manufacturer and to its intended users, and a safer alternative design was available? 2

In the context of…