Considerations for trier of fact

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  1. (a)

    1. (1) In determining the liability of the manufacturer, the state of scientific and technological knowledge available to the manufacturer or supplier at the time the product was placed on the market, rather than at the time of the injury, may be considered as evidence.

    2. (2) Consideration may also be given to the customary designs, methods, standards, and techniques of manufacturing, inspecting, and testing by other manufacturers or sellers of similar products.

  2. (b) The provisions of this section shall not apply to an action based on express warranty or misrepresentation regarding the product.


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