BROWN-FORMAN CORP. v. BRUNE 893 S.W.2d 640 (1994)
DECISION BY COURT OF APPEALS OF TEXAS, CORPUS CHRISTI
RULE OF LAW:
(1) A seller may be required to give warnings or instructions on the label of its product to prevent it from being used unreasonably and deemed dangerous.
(2) But the seller is not obligated to caution the consumer with respect to products, when the risks and dangers are normally known and recognized.
FACTS:
On November 14, 1983 18 year old Marie Brinkmeyer illegally purchased a bottle of Pepe Lopez tequila which is manufactured by Brown-Forman Corp. That night she and a friend held a tequila party. She had already drunk a few alcoholic beverages that afternoon at a bar before drinking large amounts of pure Pepe Lopez tequila at the party. Marie passed out and was laid on her bed by friends. The next morning Marie was found dead by her roommate.…show more content… The plaintiff Brune, made a suggestion on placing some sort of table on alcoholic beverages that would show broad information for the average person about levels of alcohol consumption but the TABC testified that a table would not have been approved because it would have implied that there was a safe "dosage" of alcohol intake. If such label could hypothetically be made, there is no proof that Marie would have looked at or regarded the warning label, therefore Brown-Forman has no legal duty to place instructions or warning labels on its alcoholic beverages. Evidence shows that Marie had knowledge regarding the abuse of alcohol. A text book that was used by Marie shows that high amounts of cocktails can result in fatal consequences. Friends had also told Marie to stop drinking and took the bottle away from her; therefore it is clear that she would have disregarded a warning label of any
