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      RS 9:2800.56     


§2800.56.  Unreasonably dangerous in design

A product is unreasonably dangerous in design if, at the time the product left its manufacturer's control:

(1)  There existed an alternative design for the product that was capable of preventing the claimant's damage; and

(2)  The likelihood that the product's design would cause the claimant's damage and the gravity of that damage outweighed the burden on the manufacturer of adopting such alternative design and the adverse effect, if any, of such alternative design on the utility of the product.  An adequate warning about a product shall be considered in evaluating the likelihood of damage when the manufacturer has used reasonable care to provide the adequate warning to users and handlers of the product.  

Acts 1988, No. 64, §1, eff. Sept.  1, 1988.  

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