In a strict products liability action, can a plaintiff allege that the product is defective because of a mistake in manufacturing, or because of improper design?
MultiRegion, United States of America
The following excerpt is from Fane v. Zimmer, Inc., 927 F.2d 124 (2nd Cir. 1991):
In a strict products liability action a plaintiff may assert that the product is defective because of a mistake in manufacturing, because of improper design, or because of the manufacturer's failure to provide adequate warnings regarding use of the product. Voss v. Black & Decker Mfg. Co., 59 N.Y.2d 102, 463 N.Y.S.2d 398, 450 N.E.2d 204 (1983). The Fanes did not allege a mistake in manufacturing, but did claim the other two forms of defect.
Strict liability requires proof that
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