BIC Pen Corp. v. Carter Ex Rel. Carter
346 S.W.3d 533
Tex.2011Background
- Six-year-old Brittany Carter burned when her dress was set on fire by her five-year-old brother using a BIC lighter (J-26).
- Janace M. Carter sued Bic Pen Corporation as Brittany’s next friend for manufacturing and design defects.
- Trial court found both manufacturing and design defects as producing causes; awarded actual and exemplary damages.
- Court of Appeals affirmed on design defect preemption and manufacturing defect sufficiency; remanded after preemption ruling.
- Texas Supreme Court held design defect preempted and manufacturing defect causation legally insufficient, reversing and rendering for Bic.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Carter’s manufacturing defect claim preempted by federal law? | Carter argues preemption does not apply to manufacturing defects. | BIC contends federal CPSA preempts state manufacturing defect claims. | Not preempted; preemption rejected on manufacturing defect claim. |
| Was there legally sufficient evidence that a manufacturing defect caused Brittany’s injuries? | Deviations in fork and sparkwheel forces caused injury. | Manufacturing deviations were minor and not causally linked. | No; insufficient causation evidence; not a producing cause. |
| Did the lighter meet manufacturing specifications and could deviations support liability? | Evidence showed deviations from specs; jury could infer defect. | Post-accident tests showed deviations; questioned reliability of specs. | Evidence insufficient to prove a manufacturing defect caused the injury. |
Key Cases Cited
- Ford Motor Co. v. Ledesma, 242 S.W.3d 32 (Tex. 2007) (producing-cause standard requires substantial factor in injury)
- Mack Trucks v. Tamez, 206 S.W.3d 572 (Tex. 2006) (causation requires evidence linking defect to fire/injury)
- Havner, 953 S.W.2d 706 (Tex. 1997) (epidemiological evidence may support causation in toxic-tort cases)
- BIC Pen Corp. v. Carter, 251 S.W.3d 500 (Tex. 2008) (preemption discussed; manufacturing defect claim considered)
- BIC Pen Corp. v. Carter, 346 S.W.3d 569 (Tex. 2011) (Texas Supreme Court remand and review of preemption and causation)