Pennsylvania has long been a jurisdiction which followed unique, sometimes archaic, rules regarding strict product liability. The state Supreme Court
Continue Reading PA Supreme Court Issues Important Strict Liability Decision
utility
Expert May Be Needed on Design Defect, Even Under Consumer Expectations Test
By Sean Wajert on
Posted in Articles, Consumer Products
Back when we taught Products Liability in law school, one of the topics that always got significant attention and discussion from the bright-eyed stud…
Continue Reading Expert May Be Needed on Design Defect, Even Under Consumer Expectations Test
Proof of Feasible Alternative Design Does Not Prove Defect
By Sean Wajert on
Posted in Articles
Readers know that most jurisdictions require that a plaintiff alleging a design defect in a product must produce sufficient evidence of a feasible alt…
Continue Reading Proof of Feasible Alternative Design Does Not Prove Defect
Plaintiff’s Constitutional Challenge to EMF’s Rejected
By Sean Wajert on
The U.S. Court of Appeals for the Second Circuit last week upheld the trial court’s dismissal of a plaintiff’s allegations that several utilities expo…
Continue Reading Plaintiff’s Constitutional Challenge to EMF’s Rejected
State Supreme Court Adopts Risk Utility Test for Defect
By Sean Wajert on
Posted in Articles, Consumer Products
The South Carolina Supreme Court last week vacated a $31 million verdict for a minor injured in a Ford Bronco rollover accident. Branham v. Ford Motor…
Continue Reading State Supreme Court Adopts Risk Utility Test for Defect
State Supreme Court Affirms Summary Judgment Under Risk-Utility Test
By Sean Wajert on
Posted in Articles
The Texas Supreme Court last week upheld summary judgment in a design defect case, finding that under the risk-utility test, the commercial trailer at…
Continue Reading State Supreme Court Affirms Summary Judgment Under Risk-Utility Test