April 23, 2018

Colorado Supreme Court: Risk-Benefit Test is Proper Test in Products Liability Action

The Colorado Supreme Court issued its opinion in Walker v. Ford Motor Co. on Monday, November 13, 2017.

In this case, the supreme court considered whether a trial court erred when it gave a jury instruction that allowed the jury to apply either the consumer expectation test or the risk-benefit test to determine whether a driver’s car seat was unreasonably dangerous due to a design defect. The court concluded that the risk-benefit test is the appropriate test to assess whether a product was unreasonably dangerous due to a design defect when, as here, the dangerousness of the design is “defined primarily by technical, scientific information.” Ortho Pharm. Corp. v. Heath, 722 P.2d 410, 414 (Colo. 1986), overruled on other grounds by Armentrout v. FMC Corp., 842 P.2d 175, 183 (Colo. 1992). The court further concluded that the jury’s separate finding of negligence did not render the instructional error harmless in this case.

Summary provided courtesy of Colorado Lawyer.

Print Friendly, PDF & Email

Speak Your Mind

*