Skip to Main Content

Publications

An Often-Overlooked Defense to Product Liability Claims

April 2017 - DRI's For The Defense
Social Logo Social Logo Social Logo

by Scott Wilcov and Elisa Arko, published in DRI's For The Defense

Proving strict product liability requires more than simply demonstrating the use of a product and a subsequent injury resulting from its use. An often-overlooked element of product liability claims in most jurisdictions is proof of a reasonable alternative design. The reasonable alternative design, also known as the "feasible alternative design," is not a new concept to product liability law. However, a flurry of court opinions in the past year (some of which are discussed in the article) demonstrate its renewed vitality.

Read the article here.

Related Attorneys

Related Articles

Satellite Witnesses Part II: Strategic Considerations Before and During Trial More
Combatting "If You Had Known" Hypotheticals More