RAD Test- Torts?

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ninersfan1991
Posts: 8
Joined: Sat Oct 25, 2014 9:21 pm

RAD Test- Torts?

Postby ninersfan1991 » Sat Dec 06, 2014 7:01 pm

Can anyone explain what the Reasonable Alternative Design test is? Does the plaintiff have to just prove that a reasonable alternative design exists or are there specific elements of this test that need to be met?

judgefudge
Posts: 43
Joined: Mon Jun 02, 2014 3:09 pm

Re: RAD Test- Torts?

Postby judgefudge » Wed Dec 10, 2014 10:48 am

2L here. In my torts outline, I just had: Whether the defendant could have removed the danger without serious adverse impact on the product’s utility and price.

So, in a given fact pattern, I would ask whether an alternative design exists, and then ask if that alternative design would have a serious impact on the product's utility and price, and go from there.
But you should also remember that Torts is a professor-specific topic, in that not every professor agrees with the Restatements, etc. So you should ask your prof, TA, or someone in your class to make sure.

Good luck! :)




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