Conn. High Court Limits Malfunction Theory Of Liability

Law360, Washington (August 19, 2011, 2:06 PM EDT) -- Connecticut's highest court ruled Tuesday that product liability plaintiffs relying on the so-called malfunction theory must introduce sufficient evidence linking their injury to the alleged defect and show the defect existed when the product left the manufacturer’s control.

The case stems from a fire that destroyed part of a home insured by plaintiff Metropolitan Property and Casualty Insurance Co. Fire marshals classified the cause of the fire as undetermined, but suggested that a tractor manufactured by Deere & Co. was likely a significant factor.

Metropolitan then...
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