What are the principles relevant to “defective design actions” in the context of design defects?
Ontario, Canada
The following excerpt is from Brink v. Timberjack Inc., 2004 CanLII 48678 (ON SC):
In Rentway v. Laidlaw[14] Granger J. exhaustively reviewed principles relevant to “defective design actions”, using M’Alister (or Donoghue) v. Stevenson[15] as his own starting point. He also referenced relevant American authorities adopting, in the result, a “risk-utility approach in design defect actions.” His reasons were upheld on appeal.
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