Does Rhode Island follow the consumer expectation test, the reasonable alternative design test or some other standard in products liability and toxic tort cases?
The Rhode Island Supreme Court has adopted the consumer expectation test. Castrignano v. E.R. Squibb & Sons, Inc., 546 A.2d 775, 781 (1988). However, it has more recently adopted Section 5 of the Restatement(Third) of Torts: Products Liability, in Buonnano v. Colmar Belting Co., 733 A.2d 712 (R.I. 1999) and discussed with approval Section 2 of the Restatement which sets forth the reasonable alternative design standard. The Court has also noted Section 18 of the Restatement. Ruzzo v. LaRose Enterprises, 748 A.2d 261, 266 n.6 (R.I. 2000). Just before deciding Castrignano, the Court reversed a trial court’s failure to grant a directed verdict, commenting, inter alia, that plaintiff had failed to show any evidence of a reasonable alternative design that would have made the product safer. Jackson v. Corning Glass Works, 538 A.2d 666, 669 (R.I. 1988). Thus, there is every reason to believe that the Court would adopt the reasonable alternative design standard of Section 2.
Related Questions
- Does Rhode Island follow the consumer expectation test, the reasonable alternative design test or some other standard in products liability and toxic tort cases?
- We design, test and build high-quality products. Aren’t users responsible for their mistakes?
- Do Humans Have the Right to Test Consumer Products Upon Animals?
