Attorney Article

Burning Car Case Leads to Ruling on Pleadings

Connecticut Law Tribune

December 8, 2014

Author: Eric W.F. Niederer

Eric Niederer (Partner- Stamford) authored an article entitled “Burning Car Case Leads to Ruling on Pleadings,” published in the Connecticut Law Tribune on December 8, 2014. In product liability cases, the "malfunction doctrine" permits the plaintiff to argue that a product was defective by pointing to an unexpected event that would not have occurred if the product had functioned properly. It is not necessary to specify the part or component that was actually defective. However, the Connecticut Supreme Court upheld trial court and Appellate Court decisions requiring plaintiffs to specifically plead the malfunction doctrine in their complaints to put a defendant on sufficient notice that a malfunction theory of liability would be pursued in a defective product case.

Read the Article on the Connecticut Law Tribune website or on Wilson Elser’s blog, Product Liability Advocate.

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