What is the risk-benefit test for determining whether a product is defective in design?

California, United States of America


The following excerpt is from Walkowiak v. Mp Assoc.s, B220494, No. VC051140 (Cal. App. 2011):

Where defective design is alleged, the risk-benefit test is one of two tests for determining whether the product is defective in design, subjecting its manufacturer to strict liability for resulting injuries. (Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413, 432.) Under this test, the product may "be found defective in design if the plaintiff demonstrates that the product's design proximately caused his injury and the defendant fails to establish, in light of the relevant factors, that, on balance, the benefits of the challenged design outweigh the risk of danger inherent in such design." (Ibid.)

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