What is the burden of proof in a product liability design defect case?
California, United States of America
The following excerpt is from Bernal v. Richard Wolf Medical Instruments Corp., 221 Cal.App.3d 1326, 272 Cal.Rptr. 41 (Cal. App. 1990):
It is interesting to note the Comment to BAJI No. 9.00.5 cautions: "When [the] court instructs [the] jury on the burden of proof in a products liability design defect case wherein plaintiff relies on [the] second prong of [the] test set forth in Barker v. Lull Engineering Co. [citation], the court should be careful to instruct [the] jury that plaintiff's burden of proof is only to show that the design of the product was the proximate cause of plaintiff's damage." (Com. to BAJI No. 9.00.5 (7th ed. 1986 bound vol.) p. 363.)
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