In personal injury and wrongful death cases, there are sometimes multiple theories of liability. In a Cape Cod product liability case, for instance, the plaintiff may allege that the defendant manufacturer was negligent in the design of an unreasonably dangerous product and that the defendant should be held accountable for its failure to warn the consumer of the dangerous propensity of the product in question. These theories are not necessarily inconsistent.
Sometimes, however, a plaintiff may have to decide between legal theories that could be considered inconsistent. A recent case explored the complications that can arise in such situations.
Facts of the Case