W. Va. High Court Says Plaintiff Must Provide Proof of Alternative Design

RICHMOND, Va. — The highest court in West Virginia has ruled that a plaintiff cannot prevail on a strict liability design defect claim without proof that an alternative, feasible design, existing at the time the product was made, would have substantially reduced the risk of the specific injury suffered by the plaintiff.

In answering a question certified by the 4th Circuit U.S. Court of Appeals, the West Virginia Supreme Court of Appeals concluded that Section 411 of the West Virginia Pattern Jury Instructions for Civil Cases entitled "Design Defect— Necessity of an Alternative, Feasible Design," did not correctly state …