Bradley D Remick

March 29, 2024 | The Legal Intelligencer

We were certain that the Azzarello standard, the artificial distinction between negligence and strict liability, was going to fade to some extent and strict liability defendants were going to be afforded the opportunity to present evidence that was relevant to their defenses. Instead, rather than adopting the Restatement (Third) of Torts, the court surprisingly adopted the risk utility and consumer expectation tests that were first developed in California.

By Bradley D. Remick

8 minute read