June 25, 2008

Defective products.

Practice point: Whether pleading in strict products liability, breach of warranty or negligence, a consumer-plaintiff has the burden of showing that the product's defect was a substantial factor in causing the alleged injury, and proof of injury, standing alone, is insufficient to prove that the product was defective for its intended use.

Case: Beckford v. Pantresse, Inc., NY Slip Op 04822 (2d Dept. 2008)

Click here for the uncorrected opinion.