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Commercial Law Litigation Products Liability

Will the CT Supreme Court Reinvent Design Defect Law?

Part Two of a Two-Part Article
A continuation of the discussion regarding the fact that the Connecticut Supreme Court is currently considering whether the state should abandon its traditional strict product liability standard for design defect claims and replace it with section 2(b) of the Restatement (Third) of Torts, which requires plaintiffs to prove the manufacturer's foreseeability of harm, and prove the effectiveness of a reasonable alternative design in order to recover damages for product-caused injuries.

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Editor’s Note: Last month, the authors noted with dismay the fact that the Connecticut Supreme Court is currently considering whether the state should abandon its traditional strict product liability standard for design defect claims and replace it with section 2(b) of the Restatement (Third) of Torts, which requires plaintiffs to prove the manufacturer’s foreseeability of harm, and prove the effectiveness of a reasonable alternative design in order to recover damages for product-caused injuries. See Bifolck v. Philip Morris, Inc. (FEDB-CV-060001768-S (Connecticut Supreme Court docket for Bifolck); see also Restatement (Third) of Torts, Products Liability § 2(b) (Am. Law Inst.). They conclude their discussion herein.

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