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An Often-Overlooked Defense to Product Liability Claims

April 2017 - DRI's For The Defense
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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.

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