Will the CT Supreme Court Reinvent Design Defect Law? Part One of a Two-Part Article

Despite the long-standing principle in Connecticut that product liability law is premised on strict liability, the state's Supreme Court is now considering whether it should abandon its strict product liability premise for design defect claims, and replace it with section 2(b) of the Restatement (Third) of Torts.

11 minute read February 01, 2017 at 12:02 AM

Jeremy H. D'Amico and

Michael A. D'Amico

For over half of a century, Connecticut product liability law has been premised on strict liability. See Garthwait v. Burgio, 153 Conn. 284, 289 (1965) (holding that a manufacturer culpable even when it “has exercised all possible care in the preparation and sale of [its] product”).

This premium content is locked for LawJournalNewsletters subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters

Stay current on the latest information, rulings, regulations, and trends

Includes practical, must-have information on copyrights, royalties, AI, and more

Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

Entrepreneurship Is Already Hard: Rising Above Extraordinary Personal Crises to Build an Award-Winning Professional Reputation

Entrepreneurship. It has such a romantic ring, doesn’t it? When we hear the word, we think of incredibly successful people who must lead a charmed life. But the truth of the matter is often far from that. Just ask Melissa Rogozinski whose recent book, Becoming Phoenix, tells a much different story.

July 31, 2026

Applying the Zero Trust Model to Manage Risks of Agentic AI

Agentic AI introduces risks that are novel and complex, but the most effective response is a familiar one. Zero Trust answers the problem of when an AI agent misfires on its own by constraining what an agent can do rather than betting on how it will behave.

July 31, 2026

California’s AI Transparency Stack: From State Obligation to Adoption Strategy

California is betting that it can accelerate AI adoption by acting as a demanding, trusted buyer, and that the governance evidence it extracts through procurement can become infrastructure the rest of the market reuses.

July 31, 2026

How to Prevent Your Outsourcing or Managed Services Engagement from Failing

The outsourcing of office and administrative services is expected to grow 50%-60% in the next five years. Contrary to what decision-makers think, and what the service providers hope you think, the biggest risk in outsourcing isn't choosing the wrong provider. It's outsourcing the wrong process, under the wrong model, with the wrong performance measures and contract terms.

July 31, 2026

Will the CT Supreme Court Reinvent Design Defect Law?<br><font size="-1"><b><i>Part One of a Two-Part Article</b></i></font>

This premium content is locked for LawJournalNewsletters subscribers only

Continue Reading

Entrepreneurship Is Already Hard: Rising Above Extraordinary Personal Crises to Build an Award-Winning Professional Reputation

Applying the Zero Trust Model to Manage Risks of Agentic AI

California’s AI Transparency Stack: From State Obligation to Adoption Strategy

How to Prevent Your Outsourcing or Managed Services Engagement from Failing