Does a plaintiff need to prove that the product which caused the injuries was unreasonably dangerous?

California, United States of America


The following excerpt is from American Tobacco Co. v. Superior Court, 207 Cal.App.3d 1025, 255 Cal.Rptr. 280 (Cal. App. 1989):

2 Cronin v. J.B.E. Olson Corp. (1972) 8 Cal.3d 121, 104 Cal.Rptr. 433, 501 P.2d 1153 held that a plaintiff need not show that the product which caused his or her injuries was "unreasonably dangerous," so long as it is proven that the product was defective and proximately caused the injuries. (8 Cal.3d at pp. 134-135, 104 Cal.Rptr. 433, 501 P.2d 1153.) The court reasoned that requiring plaintiffs to prove a product was unreasonably dangerous would create an additional burden that would undermine the purpose of strict liability expressed in Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57, 27 Cal.Rptr. 697, 377 P.2d 897.

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