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Date: 10-03-2023

Case Style:

Eric Walton v. Koki Holdings Co., Ltd.

Case Number: 3:21-cv-00281

Judge: Jeffrey V. Brown

Court: United States District Court for the Southern District of Texas (* County)

Plaintiff's Attorney:

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Defendant's Attorney: Thomas Christopher Trent

Description: Galveston, Texas personal injury lawyers represented the Plaintiff who sued the Defendant on a product liability theory.

Koki Holdings produces and sells a full line of HiKOKI power tools including lithium-ion battery-operated tools worldwide.

"Texas product liability law allows consumers to recover damages from manufacturers and sellers of defective products that cause injury or death. Product liability claims can be based on a variety of legal theories, including strict liability, negligence, misrepresentation, and breach of warranty.

Strict liability is the most common type of product liability claim in Texas. Strict liability means that the manufacturer or seller of a defective product can be held liable for damages even if it was not negligent. To succeed on a strict liability claim, the plaintiff must prove the following three elements:

The product was defective when it left the defendant's control.
The defect was unreasonably dangerous.
The defect caused the plaintiff's injury.

Negligence is another common type of product liability claim. In order to succeed on a negligence claim, the plaintiff must prove that the manufacturer or seller owed them a duty of care, breached that duty, and that the breach caused their injury.

Misrepresentation and breach of warranty claims are also possible in Texas product liability cases. Misrepresentation claims can be based on false or misleading statements made by the manufacturer or seller about the product. Breach of warranty claims can be based on express or implied warranties about the product's safety or performance.

Statute of limitations

The statute of limitations for product liability claims in Texas is 15 years from the date of sale of the product. However, if the manufacturer or seller has an express warranty in writing that the product has a life longer than 15 years, the action must be filed within that time.


Plaintiffs who succeed on product liability claims in Texas may be able to recover a variety of damages, including medical expenses, lost wages, pain and suffering, and punitive damages.

If you have been injured by a defective product in Texas, you should contact an experienced product liability attorney to discuss your legal options."

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Outcome: 10/03/2023 25 ORDER OF DISMISSAL. Case terminated on 10/3/2023 (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3) (Entered: 10/03/2023)

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