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07 Feb 2017 Connecticut Supreme Court Affirms Commitment to §402A of the Restatement (Second) and Consumer Expectation Tests

  In the waning days of 2016, the Connecticut Supreme Court delivered a significant setback to product manufacturers hoping for adoption of a more stringent burden of proof in strict product liability actions. In Bifolck v. Philip Morris, Inc., Connecticut’s high court sought to clarify the evidentiary burdens set forth in the Connecticut Product Liability Act (CPLA), and whether to abandon its past adherence to § 402A of the Restatement (Second) of Torts in favor of § 2(b) of the Restatement (Third).   Adoption of…