Loss to Other Property or Personal Injury Is Necessary for Strict Liability Recovery for the Product Itself

Date

1978

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Analyses two Texas Supreme Court cases, Signal Oil & Gas Co. v. Universal Oil Products and Mid Continent Aircraft Corp. v. Curry County Spraying Service, Inc. The Court in Signal held that “the requirement of producing cause in a strict liability action based-on one set of facts did not necessarily mirror the requirement of proximate cause in a negligence action based on another set of closely related facts.” Further, the Court held in Signal that only personal injury or property damage was recoverable, not economic loss. In Universal Oil Products, the Court held that damage to a plane, the product itself, was an “economic loss that must be recovered under the contract theory of warranty.”

Description

Keywords

Strict liability, Warranty, Contract, Economic loss, Property damage, Liability, Signal Oil & Gas Co. v. Universal Oil Products, Mid Continent Aircraft Corp. v. Curry County Spraying Service, Inc., Case note

Citation

10 Tex. Tech L. Rev. 322