The state Supreme Court has ruled that “highly reckless” conduct is an affirmative defense in products liability cases, requiring defendants to show that a plaintiff’s highly reckless conduct was the sole or superseding cause of the plaintiff’s injuries.
The six-justice court voted 5-1 to affirm the state Superior Court’s ruling in Reott v. Asia Trend, which held that defendants Asia Trend Inc., Remington Arms Co., RA Brands and the Sportsman’s Guide failed to show that the plaintiff’s highly reckless conduct in attempting to install a 20-foot-high tree stand was the sole or superseding cause of his injuries.
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