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The Products Liability Act, the Economic Loss Rule and the Integrated Product Doctrine

By Christopher P. DePhillips and Phillip C. Bauknight

This article provides a summary and analysis of the recent New Jersey Supreme Court decision, Dean v. Barrett Homes, Inc., 204 N.J. 286 (2010). This case is of particular interest as it dealt with the application of the New Jersey Products Liability Act, N.J.S.A. ” 2A:58C-1 to 2A58C-11, the economic loss rule, and the integrated products doctrine in a factual context not previously considered by the New Jersey Supreme Court. (The economic loss rule precludes tort-based remedies when the claim only seeks damages for harm that the product caused to itself.) Although they are separate legal principles, they often work in conjunction. Understanding their history and how they work can be helpful when considering potential strategies and defenses to use if product liability and negligence claims are brought against your client.

The Case

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