Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Will the CT Supreme Court Reinvent Design Defect Law?

By Jeremy H. D'Amico and Michael A. D'Amico
March 01, 2017

Editor's Note: Last month, the authors noted with dismay the fact that the Connecticut Supreme Court is currently considering whether the state should abandon its traditional strict product liability standard for design defect claims and replace it with section 2(b) of the Restatement (Third) of Torts, which requires plaintiffs to prove the manufacturer's foreseeability of harm, and prove the effectiveness of a reasonable alternative design in order to recover damages for product-caused injuries. See Bifolck v. Philip Morris, Inc. (FEDB-CV-060001768-S (Connecticut Supreme Court docket for Bifolck); see also Restatement (Third) of Torts, Products Liability § 2(b) (Am. Law Inst.). They conclude their discussion herein.

Fifty Years of Design Defect Jurisprudence Dismantled?

The test proposed in section 2(b) requires the court to sever design defect claims from their strict product liability roots, cut ties with the public policy supporting its holding in Potter (Potter v. Chicago Pneumatic Tool Co., 241 Conn. 199 (1997)), and rebalance protection of the innocent consumer with the financial interests of manufacturers. Section 2(b) adopts principles of negligence for design defect claims. Comments to this section explain that the test “for products that are defectively designed or sold … achieve[s] the same general objectives as does liability predicated on negligence.” See Restatement (Third) of Torts, Products Liability § 3 cmt. a. In addition, there is the requirement that a plaintiff must prove a reasonable alternative design, and its effectiveness.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

The Benefits of Blockchain for e-Discovery and Data Preservation Image

As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.