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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!