Product Liability Reform: SB 2805 (1987).
Provides that a manufacturer or seller of a product is
Provides that a manufacturer or seller of a product is liable only if the plaintiff proves by a preponderance of the evidence that the product was not suitable or safe because it: (1) deviated from the design specifications or performance standards; (2) failed to contain adequate warnings; or (3) was designed in a defective manner. Provides that a manufacturer or seller is not liable if at the time the product left the manufacturer’s control there was not available a practical and feasible alternative design that would have prevented the harm. Provides that a product’s design is not defective if the harm results from an inherent characteristic of the product that is known to the ordinary person who uses or consumes it. Provides that a manufacturer or seller is not liable for a design defect if the harm results from an unavoidably unsafe aspect of a product and the product was accompanied by an adequate warning. Provides that the state of the art provision does not apply if the court makes all of the following determinations: (1) that the product is egregiously unsafe; (2) that the user could not be expected to have knowledge of the product’s risk; and (3) that the product has little or no usefulness. Provides that a manufacturer or seller in a warning‑defect case is not liable if an adequate warning is given. (An adequate warning is one that a reasonably prudent person in the similar circumstances would have provided.) Establishes a rebuttable presumption that a government (FDA) warning is adequate.
The American Tort Reform Association (ATRA) is disappointed to learn that the U.S. Court of Appeals for the Third Circuit ruled against LTL Management, LLC in a case regarding the […]
This op-ed was originally published by Agri-Pulse. Mass tort litigation has become a multi-billion-dollar industry for trial lawyers over the past several decades as they’ve targeted everything from tobacco and […]
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