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Products Liability Keyed to Fischer, 6th Ed.
BIC Pen Corporation v. Carter
Citation:
251 S.W.3d 500 (2008)Facts
The J-26 lighter manufactured by BIC Pen Corporation was subject to federal standards for child-proof lighters established by the Consumer Product Safety Commission. These standards require that lighters be resistant to successful operation by at least 85% of children tested according to a specific protocol. The J-26 model underwent qualification testing in 1994 and was certified as compliant. In October 1997, six-year-old Brittany Carter suffered severe burns when her five-year-old brother, Jonas, accidentally set fire to her dress using a J-26 lighter. Janace Carter, as Brittany’s next friend, sued BIC claiming that Brittany’s injuries resulted from manufacturing and design defects in the lighter. Carter contended that the J-26 was unreasonably dangerous under common law because more effective child-resistant lighters were available. The jury found for Carter, awarding $3 million in actual damages and $2 million in exemplary damages (later reduced to $750,000 per statutory caps).
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