Practice point: In an action pleaded in products liability, breach of warranty or negligence, plaintiff must prove that the alleged defect was a substantial cause of the injury-producing event.
Students should note that defendants are liable for the foreseeable consequences of their acts, but plaintiffs need not demonstrate the foreseeability of the exact manner in which the accident happened.
Case: Fahey v. A.O. Smith Corp., NY Slip Op 07139 (2d Dept. 2010)
Here is the decision.
Tomorrow's issue: Motion practice.
