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tort class notes 4,14

tort class notes 4,14 - California Burdon of proof on...

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California Burdon of proof on defendnet 1) manufacture has more info on the product design 2) more info on alternative 3) one of the reasonas for strict liability was to relieve p form ounerouce burdon to provide evidence under negligence standard. 2 alternative ways to find desighn defect consumer expectation and risk/utitlity 1994 soule v general motors women, car accident, high speed, sues gm- fornt wheel pushes into the topan, which pushes into the floor and shatters her ankles. Why shouldn’t consumer expectation not apply here? Reasoanbel consumers don’t have a clue how wheels of a caar should be situated so that it doesn’t hit the topan into the floor. Court steps back to less pro plaintiff position. Moves awy form consumer expectation test. Risk utility test becoming more dominant. Failure to warn defect Ancilery to product but connected to the product. Claim, danager inherent in the product and you failed to warn me about it.
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