Legal Opinion
Cover v. Cohen
New York Court of Appeals
Decided February 28, 1984PublishedCited by 192 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
In a strict products liability action based upon design defect, whether the product as marketed was reasonably safe for its intended use is determined by whether a reasonable person with knowledge of the potential for injury of the product and of the available alternatives, balancing the product’s risks against its utility and costs and against *267the risks, utility and cost of the alternatives, would have concluded that it should not have been marketed in the condition that it \yas. The critical time being the date of marketing, postmanufacture changes in design are…
2Cases cited27 opinions
- Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- In re Leon RRNew York Court of Appeals · 1979
- People v. EdwardsNew York Court of Appeals · 1979
- Johnson v. LutzNew York Court of Appeals · 1930
22 more not listed; retrieve them via the Exa API.
3Cited by192 opinions
- 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- Liriano v. Hobart Corp.New York Court of Appeals · 1998
- Denny v. Ford Motor Co.New York Court of Appeals · 1995
- Rosado v. Proctor & Schwartz, Inc.New York Court of Appeals · 1985
187 more not listed; retrieve them via the Exa API.