Designer Liability: A Trap for the Unsuspecting Manufacturer Or Former Manufacturer

In order to hold a defendant liable in a product liability case, tort law traditionally has required an injured plaintiff to show that the named defendant manufactured, sold, or distributed the product that allegedly caused the plaintiff's injury. Over the years, however, courts have established exceptions to this general rule. <i>See, e.g., Thomas v. Mallett</i>, 701 N.W.2d 523 (Wis. 2005) (lead paint manufacturers held liable under a market share liability theory even though the plaintiff could not prove which defendant manufactured injury-causing product). Recently, several courts have further eased plaintiffs' burden of proof by using theories of designer liability to hold companies responsible for injuries to consumers, even though the plaintiff could not show that the defendant manufactured, sold, or distributed the product that caused the plaintiff's injuries.

34 minute read July 31, 2007 at 03:25 PM

By

Konrad L. Cailteux And B. Keith Gibson