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 allegedly defective condition. This question was recently addressed in the Connecticut appellate decision in White v. Mazda Motor of Am., 139 Con. App. 39, and should receive further discussion when the Connecticut Supreme Court issues its opinion, since plaintiffs were granted certiorari following the appellate decision....

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