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For very detailed explanation of the concept of state of the art see Product liability (design defects: state of the art). The best technology that is commercially available when a product was sold.


The 'state-of-the-art' refers to the existing level of technological expertise and scientific knowledge relevant to a particular industry at the time a product is designed. Robb, 'A Practical Approach to Use of State of the Art Evidence in Strict Products Liability Cases,' 77 Nw.U.L.Rev. 1, 4-5 & N. 15 (1977). 


 Generally speaking, 'state of the art' refers to customary practice in the industry. See Olson v. A.W. Chesterton Company, 256 N.W.2d 530, 540 (N.D. 1977); Phillips, The Standard for Determining Defectiveness in Products Liability, 46 U.Cincinnati L.Rev. 101, 115 n. 71 (1977). Conformity to the state of the art does not constitute a defense to strict liability claims. See also, Gelsumino v. E.W. Bliss Company, 10 Ill. App.3d 604, 295 N.E.2d 110 (1973); Olson v. A.W. Chesterton Company, supra; Karazck, State of the Art or Science, Is it a Defense in Products Liability?, 60 Ill.B.J. 348 (1972). 


While not, strictly speaking, a defense in a products liability ...

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