Tanenbaum Keale LLP associate Timothy Freeman was recently published by the New Jersey Law Journal where he analyzes a recent New Jersey Appellate Division decision that addresses the nebulous “technical feasibility” requirement in the “State of the Art” defense to product liability design defect claims under New Jersey’s Product Liability Act.
Freeman wrote the Appellate Division affirmed the trial court’s decision to permit a jury instruction on the “State of the Art” defense under the PLA in an action arising from a fatal rollover accident involving a tractor that was being used to remove a tree in an orchard.
“The Appellate Division’s ruling highlights the tension between practicality and technological possibility, and may ultimately require additional clarity from the New Jersey Supreme Court”, Freeman concludes.