Image by Shutterstock NJ's Appellate Division Addresses the 'Technical Feasibility' Requirement in Design Defect Claims
The appellate court examined the 'technical feasibility' requirement in the 'state of the art' defense to product liability design defect claims. It appears as though the tension between practicality and technological possibility will continue, and may ultimately require additional clarity from the New Jersey Supreme Court.
December 10, 2020 at 10:00 AM
6 minute read
The Superior Court of New Jersey, Appellate Division, recently addressed the nebulous "technical feasibility" requirement in the "state of the art" defense to product liability design defect claims under New Jersey's Product Liability Act, N.J.S.A. 2A:58C-1 (the "PLA"). In Confessore v. AGCO Corp., No. A-0947-18T1, 2020 WL 6703550 (App. Div. Nov. 16, 2020), the Appellate Division affirmed the trial court's decision to permit a jury instruction on the "state of the art" defense under the PLA in an action arising from a fatal rollover accident involving a tractor that was being used to remove a tree in an orchard.
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