Monday, March 25, 2013

Smith v. Ingersoll-Rand Co. case brief

Smith v. Ingersoll-Rand Co. case brief
14 P.3d 990 (Alaska 2000)
SYNOPSIS:
The United States District Court for the District of Alaska certified questions in a products liability action, including whether the 1986 Alaska Tort Reform Act changed the law on comparative fault in products liability cases so that a plaintiff's failure to exercise ordinary care could constitute comparative fault.

OVERVIEW: Plaintiff brought a strict products liability lawsuit in federal district court after the door of an air compressor manufactured by defendant fell on plaintiff's head. Defendant claimed plaintiff's failure to wear a hard hat and propping open the door in an unsafe manner constituted ordinary comparative negligence.

HOLDING:
After a judgment notwithstanding the verdict in plaintiff's favor on causation was reversed and remanded, the question of whether ordinary negligence could constitute comparative fault in a products liability case was certified to the state supreme court. The supreme court answered that question in the affirmative.

ANALYSIS:
Prior to the 1986 Alaska Tort Reform Act, comparative fault in strict products liability cases was limited to product misuse and unreasonable assumption of risk. However, under Alaska Stat. § 09.17.900 of the Act, the type of conduct that would trigger a proportional reduction of damages in such cases was expanded to include acts or omissions that were in any measure negligent.

OUTCOME: The supreme court answered in the affirmative the question as to whether the 1986 Alaska Tort Reform Act expanded the definition of comparative fault in strict liability cases to include ordinary negligence; that answer rendered moot other questions certified by the district court as to the effect of plaintiff's actions.



---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?


-->

No comments:

Post a Comment

The Ins and Outs of Class Action Lawsuits: A Comprehensive Guide

Sometimes, you may buy a product only to find it defective. To make it worse, your search for the product reveals mass complaints. You can ...