Section 15.44 Miscellaneous Defenses

• Library: Tort Law 2016

Strict liability does not mean absolute liability. A manufacturer is not an insurer for all injuries caused by its products, and the manufacturer does not have a duty to design only accident-proof products. Nesselrode v. Exec. Beechcraft, Inc., 707 S.W.2d 371, 375 (Mo. banc 1986). The focal issue in a strict products liability case is not whether the product could have been made "safer," but rather whether the product was in a defective condition and unreasonably dangerous as manufactured and sold. Because the plaintiff bears the burden of proof, any evidence that defense counsel can introduce that serves to refute the necessary elements of the plaintiff’s case should be included in the defense. For example, evidence that tends to establish any of the following will be significant in the defense attorney’s effort to refute the plaintiff’s case:

· The defendant did not sell the product in the course of its business.

· At the time of sale, the product was not in a defective...