An Often-Overlooked Defense to Product Liability Claims

April 2017

By: Scott J. Wilkov and Elisabeth C. Arko

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 Service Areas

Mass Tort & Product Liability