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DEFECTIVE PRODUCT LAW: Connecticut Supreme Court rejects adoption of Restatement (Third) test for product liability

DEFECTIVE PRODUCT LAW: Connecticut Supreme Court Rejects Adoption Of Restatement (Third) Test For Product Liability

A majority of the Connecticut Supreme Court affirms its allegiance to Section 402A of the Restatement (Second) of Torts, which sets forth a modified consumer expectation test known as the “risk-utility” test for determining whether a product is “defective”.

The Supreme Court rejects the Restatement (Third) of Torts, which the court said would immunize certain classes of products, including novel products, for which no alternative design existed at the time of manufacture.

Biflock v. Philip Morris, SC 19310 (12/29/16)