Can Safety Be An Option? Yes, No, Maybe

Law360, New York (April 9, 2009, 12:00 AM EDT) -- One would have to search long and hard to find an area of product liability law more unsettled and confusing than the case law relating to the treatment of optional safety devices.

Not only are there at least three primary competing theories discussed in these cases, but the cases that attempt to apply the differing theories are far from consistent.

This inconsistency in the law makes it very difficult for manufacturers to evaluate whether a particular safety device can be offered as an option and, if...
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