What is the test for risk-utility analysis in motor vehicle safety cases?
The following excerpt is from Chow v. Reckitt & Colman Inc., 17 N.Y.3d 29, 2011 N.Y. Slip Op. 03888, 926 N.Y.S.2d 377, 950 N.E.2d 113 (N.Y. 2011):
( Denny v. Ford Motor Co., 87 N.Y.2d 248, 257, 639 N.Y.S.2d 250, 662 N.E.2d 730 [1995] [internal quotation marks and citation omitted] [listing seven factors identified as relevant to the risk-utility analysis: (1) the product's utility to the public as a whole, (2) its utility to the individual user, (3) the likelihood that the product will cause injury, (4) the availability of a safer design, (5) the possibility of designing and manufacturing the product so that it is safer but remains functional and reasonably priced, (6) the degree of awareness of the product's potential danger that can reasonably be attributed to the injured user, and (7) the manufacturer's ability to spread the cost of any safety-related design changes ( id.) ] ).
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