Is a manufacturer's knowledge and compliance with industry standards relevant to determining reasonable consumer expectations of the safety of a product?

MultiRegion, United States of America

The following excerpt is from Kisor v. Johns-Manville Corp., 783 F.2d 1337 (9th Cir. 1986):

7 Owens-Illinois contends that evidence of a manufacturer's knowledge and compliance with industry standards is relevant to determining reasonable consumer expectations of the safety of a product. We reject this contention. Washington case law is clear: "In that the reasonableness of the defendants' conduct is irrelevant in strict liability cases, industry custom and standards, which form the basis of the defendant's conduct, are equally irrelevant. Strict liability is predicated upon a no-fault concept and evidence that other manufacturers do the same thing as the defendant introduces concepts of fault that are not relevant to the reasonable expectation of the ordinary consumer." Lenhardt v. Ford Motor Co., 102 Wash.2d 208, 213, 683 P.2d 1097, 1100 (1984).

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