Pursuant to the malfunction theory, a jury is allowed to infer that a product was defective when it was in the manufacturer's or seller's control, if the plaintiff proves: 1.) the incident that took place ordinarily does not take place in the absence of a product defect; and 2.) any defect most likely existed at the time the product was in the manufacturer or seller's control and was not the result of other, reasonably possible causes, not attributable to the manufacturer or seller.
Hyde v. Marinelli Supper Club Inc.
April 12, 2012
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