Can a plaintiff bring a claim based on an alleged design defect?

California, United States of America


The following excerpt is from Demara v. Raymond Corp., D068533 (Cal. App. 2017):

Depending on the facts of a given case, a claim based on an alleged design defect can be proven by a plaintiff under the consumer expectation test, where the plaintiff proves that "the product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner"; additionally, such a claim can be defeated by a defendant under the risk-benefit test (where, after the plaintiff establishes that a product's design caused damages, the defendant proves that "on balance, the benefits of the challenged design outweigh the risk of danger inherent in such design"). (Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413, 432 (Barker); see id. at p. 435.) In granting summary judgment, the trial court ruled, in part, as follows: (1) Plaintiffs did not establish a triable issue of material fact as to causation; (2) the consumer expectation test did not apply as a matter of law; and (3) for purposes of applying the risk-benefit test, even if Plaintiffs had shown a triable issue of material fact as to causation, Defendants established the requisite elements for the application of the risk-benefit test, and Plaintiffs did not establish a triable issue of material fact as to whether the benefits of the design outweighed the risks of the design.

Other Questions


Can a plaintiff bring a negligence claim against the state for the defective design of a bridge? (California, United States of America)
Is there insufficient evidence to support plaintiff's claim that the design of the horn cap was defective? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
Can plaintiffs bring a class action claim solely for the incorporation of a defective component into their homes? (California, United States of America)
Does the anti-SLAPP statute bar a plaintiff from bringing a claim against a defendant who allegedly engaged in "mixed conduct"? (California, United States of America)
What is the burden of proving alternative designs to a claim for damages against a manufacturer for a defective design? (California, United States of America)
When can a plaintiff bring a nondefamation claim against a defendant for defamation based on defamatory language? (California, United States of America)
Can a plaintiff bring a cause of action for violation of the common law right to fair procedure based on the events alleged in their complaint? (California, United States of America)
Does a plaintiff have standing to bring an action alleging that he was injured as a result of alleged price-fixing? (California, United States of America)
In what circumstances can a plaintiff bring a putative class action against General Motors alleging that an unmanifested engine defect constitutes a breach of warranty? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.