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):
As to the second and third claims, there is no requirement under this statute that consumers fully appreciate all the risks involved in the use or consumption of the products within the purview of this section. In order to be covered by this statute it is sufficient that the ordinary consumer knows the product is "unsafe." Evidence that the risks are greater than those anticipated, either because the product contains unknown dangerous elements or because it may be used in conjunction with substances that unknowingly increase the risks involved, could possibly be used to support a claim that the product is defective under the standards outlined in Barker v. Lull Engineering Co., supra, 20 Cal.3d 413, see discussion at fn. 3, 143 Cal.Rptr. 225, 573 P.2d 443.
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