Defeating a Products Claim Based on the Absence of . . .

Defeating a Products Claim Based on the Absence of  . . .
Defeating a Products Claim Based on the Absence of a Safer Alternative Design

“Safer alternative design” is either an element a plaintiff must prove to establish a claim in products liability or an affirmative defense in nearly every state. The presentation will examine the various ways this requirement appears in the law of different jurisdictions and the methods available to strategically advance the defense. The panel of trial lawyers and an expert witness will address the plaintiffs' bar's increased reliance upon the reptile theory to gloss over this element of proof and the steps defense counsel can take to thwart such efforts. This presentation will discuss what constitutes a safer alternative design and provide examples of effective attacks on proposed alternative designs suggested in litigation.

Key Takeaways:
1.    New product liability issue.
2.    Anticipating plaintiffs' counsel strategy.
3.    Comparative state law approach.

Learning Objectives:
  • Attendees will understand the different mechanisms by which various jurisdictions have established the feasible design alternative as a defense to strict product liability claims.
  • Attendees will recognize the distinction between any alternative design and that which is a true feasible alternative.
  • Attendees will develop strategies for raising the defense.

Although there is no fee to attend, you must register so the IADC can plan accordingly for the number of interested participants.  To register, log-in with your IADC username and password.  Each participant must register individually as Zoom links will be specific to each participant.  If you have never attended an IADC event before, please create a guest account where requested on this site.

We hope that you will join us for this exciting and informative program.

NEW! Your IADC website profile. We recently updated member profiles to include your links to any virtual IADC meeting for which you are registered. Go to your account, and when you click to view/edit your account, go to the “Meeting Participation” tab. There you’ll find “Upcoming Virtual Meetings/Virtual Links” which includes your Zoom link for each of your registered meetings. 

If you have any questions, please contact Director of Professional Development, Melisa Maisel Vanis.

12/8/2021 12:00 PM - 1:00 PM

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