The Kroger Co. v. Robins
The Kroger Co. v. Robins
Opinion of the Court
In 1989, three-year-old Jackie Robins, Jr. found a disposable butane lighter in his parents’ van and used it to start a fire in which he was severely burned. His parents sued The Kroger Co. and Direct Source International, Inc. for selling the lighter without a child-resistant mechanism. Plaintiffs asserted causes of action for breach of warranty, negligence, negligence per se, and products liability. Defendants moved for summary judgment on all plaintiffs’ claims on a single ground: that the manufacturers and sellers of lighters or other such products intended only for adult use have no legal duty to make them child-resistant. The district court granted both defendants’ motions. The court of appeals reversed only on plaintiffs’ defective-design products-liability claim,
. 2 S.W.3d 251 (Tex. 1999).
Reference
- Full Case Name
- THE KROGER CO. and Direct Source International, Inc. v. Rhonda Rene ROBINS, individually and as next friend of Jackie Wayne Robins, Jr., a minor, and Jackie Wayne Robins, Sr.
- Cited By
- 2 cases
- Status
- Published