A product liability claim can survive a motion for summary judgment under three theories. For a plaintiff’s product liability negligence claim to proceed, the plaintiff must: (1) allege the product had a design defect, (2) allege there was a manufacturing defect, or (3) claim the product did not have proper warnings for consumers. When a plaintiff alleges a design defect, he or she must claim the product’s design made it unreasonably dangerous. If alleging a manufacturing defect, the plaintiff must claim the product manufactured was defective and different from the intended design.
In Salerno v. Innovative Surveillance Technology Inc. (“IST”)
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