Berkoski v. Honda Motor Company, et al., (App. Div. 2025)
The New Jersey Appellate Division was presented with a question about what constitutes a defective product or design under the New Jersey Products Liability Act when more advanced technology exists on the market but is not in the subject product. In this case, the product was a 2016 Honda CR-V that crossed the double yellow lines and struck another vehicle head-on, killing both drivers.
The court examined whether a motor vehicle can be considered defectively designed for lacking the latest driver-assistance technologies, despite no state or federal law mandating their inclusion. The plaintiff argued that the 2016 Honda CR-V was defectively designed because it did not have a lane departure warning or lane keeping assist system.
However, the court ruled that the absence of these optional driver-assistance features in a vehicle otherwise deemed safe and suitable for driving does not legally constitute a design defect under the New Jersey Products Liability Act. As a result, the court upheld the summary judgment in favor of the defendant, dismissing the plaintiff’s product liability and negligence claims with prejudice.
