Sauder Custom Fabrication, Inc. v. Boyd

In Caterpillar, Inc. v. Shears, 911 S.W.2d 379, 382 (Tex.1995), we held that “the law of products liability does not require a manufacturer or distributer to warn of obvious risks.” The principal issue in this case is whether the obviousness of a risk is to be determined from the perspective of an average person or an average user of the product. The proper perspective is that of the average user. Because the risk in this case was obvious to an average user, the lower courts’ judgments for the plaintiffs cannot be sustained.

Sauder Custom Fabrication, Inc. manufactured a fifty-foot-tall…