How To Challenge Abstract Alternative Designs

Law360, New York (August 5, 2013, 1:32 PM EDT) -- A plaintiff must ordinarily proffer an alternative design in order to sustain a design defect claim. Depending on the applicable state law, a plaintiff may be required to demonstrate that her proffered alternative design is technologically and economically feasible. A feasible alternative design may be an element of a design defect claim or merely one of many factors that can be used to demonstrate a product’s unreasonable dangerousness[1].

When the accused product was sold many years, or even decades, before the incident giving rise to the...
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