Carrecter v. Colson Equipment Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• no negligence based state of the art defense allowed in design defect or failure to warn product liability cases
• “In a products liability action negligence is not an element of the plaintiffs case, nor is the defendant’s lack of negligence a defense”
• “The difficulty with the latter portion of the charge inviting a jury to consider the ‘state of the art’ is that it injects negligence into a products liability case.”
• plaintiff must show defect was a \substantial factor in bringing about\ injuries suffered
• state of the art defense improper in defective design suit
• negligence concepts have no place in strict liability action

Source: CourtListener parenthetical corpus (CC0).