Tag Archives: IADC Product Liability Committee

Challenging Plaintiff’s Proof of Reasonable Alternative Design

In the majority of jurisdictions, to establish a claim for design defect in a product liability action, the plaintiff must present some proof of a “feasible alternative design” or “reasonable alternative design.”

In an article published in the IADC Product Liability Committee Newsletter (February 2012), “No Other Alternative: Challenging Plaintiff’s Proof of Reasonable Alternative Design”,  Elbert S. Dorn, a partner at Nexen Pruet, LLC, in South Carolina, provides valuable tips to the defense practitioner concerning how to agressively press legal and factual points to test plaintiff’s proof of reasonable alternative design.   

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