Argument Recap: Bifolck v. Philip Morris, S.C. 19310
On Tuesday, September 13, 2016, the Connecticut Supreme Court heard oral arguments in Bifolck v. Philip Morris, Inc., S.C. 19310. The question before the Court was whether, for product liability actions premised on design defects, Connecticut should abandon its consumer expectation test and adopt a risk utility test that requires proof of a reasonable alternative design.
The case has significant implications for how product liability claims will be proven under Connecticut law going forward and, as such, will affect businesses that manufacture, distribute, and sell products within this state. The importance of this case is highlighted by the fact that twelve organizations filed amici briefs (Murtha Cullina authored an amicus brief on behalf of the Connecticut Business & Industry Association, which was joined by the New Haven Manufacturers Association and the Insurance Association of Connecticut).