In the News

Michael Napoli Authors Article for Metropolitan Corporate Counsel

September 16, 2015

Michael D. Napoli, Dallas-based member in Dykema’s Business Litigation Practice Group, authored the article, “Letting the Genie out of the Bottle: Has Texas reverted to the common law ‘open and obvious danger’ rule?,” which appeared in the September issue of Metropolitan Corporate Counsel.

In the article, Napoli discussed how the Texas Supreme Court has held that, as a matter of law, a product is not unreasonably dangerous where its risks are obvious. He points out that for the first time since it adopted the risk/utility test in the 1970s, the court held that an obvious risk was not a design defect – something that it expressly refused to do just six years ago.

To read the entire article, click here.