Falk v. Keene Corp.

At issue is whether jury instructions regarding a claim that manufacturers' products were defectively designed either misstated the law or confused the jury by leading it to believe that common law negligence principles apply to a design defect claim brought under the tort reform act of 1981. We hold that ordinary negligence is not the standard adopted by the Legislature for determining manufacturer liability for defectively designed products, that the instructions given in this case erroneously allowed the jury to apply a common law negligence standard, and that the error is reversible.

This…