• Alabama Supreme Court Articulates Strict Interpretation of Alternative Design Requirement
  • April 27, 2017 | Author: Christopher S. Berdy
  • Law Firm: Butler Snow LLP - Birmingham Office
  • In cases alleging design defect under the Alabama Extended Manufacturer’s Liability Doctrine (“AEMLD”)-Alabama’s common law concept of strict liability, a plaintiff has the burden of proving the existence of a safer, practical alternative design by demonstrating that (1) the injuries inflicted would have been less severe or eliminated by the use of the alternative design, and (2) the utility of the alternative design outweigh the utility of the design actually used. In Hosford v. BRK Brands, Inc., 2016 Ala. LEXIS 91 (Ala. Aug. 19, 2016), the Alabama Supreme Court further defined the proof needed to establish the existence of an alternative design, handing manufacturers a powerful argument when defending AEMLD claims.