When Can Hospitals Be Subjected to Strict Product Liability? The Connecticut Supreme Court Is Mulling It Over. Wednesday, December 16, 2020
Only a “product seller” can be held liable under the Connecticut Product Liability Act (“CPLA”). The CPLA defines a “product seller” as “any person or entity, including a wholesaler, distributor or retailer who is engaged in the business of selling such products whether the sale is for resale or for use and consumption.” Conn. Gen. Stat. § 52-572m(a). Thus, drug and medical device manufacturers are typically named as defendants in an action where the plaintiff alleges, for example, that a failure to warn has rendered a drug or medical device defective, because the manufacturers are “in the business of selling such products.” But are hospitals? That is the question currently facing the Connecticut Supreme Court in
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