RAD Test- Torts? Forum
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ninersfan1991
- Posts: 8
- Joined: Sat Oct 25, 2014 9:21 pm
RAD Test- Torts?
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?
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judgefudge
- Posts: 47
- Joined: Mon Jun 02, 2014 3:09 pm
Re: RAD Test- Torts?
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!
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!
