Bic Pen Corp. v. Carter
Supreme Court of Texas
346 S.W.3d 533 (2011)
Carter (plaintiff) was burned when her five-year-old brother Jonas lit her dress on fire using a Bic lighter (defendant) with child-resistant (not childproof) features. Carter's evidence showed two of the lighter's five child-resistant components deviated slightly from specifications — both related to the force needed to operate the lighter — and that Jonas was cognitively delayed, but she offered no evidence about any deficiency in his physical strength or dexterity, which was what those two components actually governed. The trial court and court of appeals both ruled for Carter, finding the manufacturing defect established; Bic appealed.
Whether a finding of causation in a manufacturing-defect products-liability claim may rest solely on evidence that a component deviated from manufacturing specifications, an accident occurred, and the deficient component was involved.