Saturday, December 6, 2014

The Risk/Utility Test: Wade Factors

1) the utility of the product to the public as a whole and to the individual user
2) the likelihood that it will cause injury
3) the availability of a safer design
4) the potential for designing and manufacturing the product so that it is safer but remains functional and reasonably priced
5) the ability of the plaintiff to have avoided injury by careful use of the product
6) the degree of awareness of the potential danger of the product which reasonably can be attributed to the plaintiff
7) the manufacturer's ability to spread any cost related to improving the safety of the design

Denny v. Ford

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