We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

The Trend Toward Using The Risk-Utility Test

Law360 (November 9, 2010, 1:02 PM EST) -- In the past three months, courts around the country have been grappling with whether to apply the risk-utility test or the consumer expectation test to determine whether a product is unreasonably dangerous in design defect cases.

In August, the Supreme Court of South Carolina and the California Court of Appeals reached opposite conclusions, the former applying the risk-utility test in a rollover case involving an allegedly defective seatbelt sleeve and the latter applying the consumer expectations test to overturn a defense verdict in an asbestos case...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.