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However, the development risks defence dose compare favourably with its counterpart in negligence, the 'state of the art' defence ordered around in Roe v Minister of Health (1954). Whereas Roe seems to set a minimal standard, in that the defendant's practices must. be no worse than what another person in the same field would do, but need not be as good as the best, the development risks defence, as explained by the ECJ, imposes a much higher standard, requiring producers to be aware of the latest knowledge. , provided it is accessible. However, the development risks defense is in good shape compared with the negligence, the 'state of the art' defence ordered around in Roe v Minister of Health (1954). While Roe seems. to define the minimum standards for the conduct of the defendants must be no worse than what people in the field to do the same. But not necessarily as good as the best in the development risks defense, as explained by the ECJ, set very high standards require manufacturers to be aware of the latest knowledge, make it accessible.
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