Conn. Ponders Liability In The Absence Of Evidence
Law360, New York (July 18, 2014, 11:35 AM EDT) -- It is common for a plaintiff to assert a strict product liability claim against a product manufacturer even when there is no evidence of a defect. The malfunction theory is the means in which a strict product liability cause of action may get to the jury. This theory of liability permits a plaintiff to prove a defect without direct evidence if: (1) the plaintiff can provide sufficient circumstantial evidence of a defect; and (2) eliminate reasonable alternative causes for the incident. In such cases, however, the question that remains is whether the plaintiff is required to present expert testimony regarding the...
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