Blog - Strict Liability

Posted on December 27, 2022 by Marty Aisenberg

Today’s case is Bayes v. Biomet, https://ecf.ca8.uscourts.gov/opndir/22/12/212964P.pdf (8th Cir., No. 21-2964, 9/21/2022), a lawsuit against the manufacturer of a failed metal-on-metal hip replacement.  The trial court instructed the jury on two theories of recovery:  strict liability and negligent design.  The outcome was unusual – at least, it seems unusual to me.  As the Eighth Circuit Court of Appeals explained,

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