(Col., filed September 27, 2016): Arguing that the“risk-benefit” test for strict product liability incorporates the “consumer expectation” test, such that the trial court reversibly erred by separately instructing the jury on the “consumer expectation” test. Colorado’s strict product liability law strikes a proper balance of interest by applying a risk-benefit analysis as the sole test for determining whether a product is “unreasonably dangerous.”
Court ruled in favor of ATRA's position
The Court ruled in favor of ATRA’s position on November 13, 2017.
This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]