Daly v. General Motors Copr..docx - Daly v General Motors Corp Supreme Court of California 1978 Facts:The plaintiff was thrown from his automobile

Daly v. General Motors Copr..docx - Daly v General Motors...

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Daly v. General Motors Corp, Supreme Court of California, 1978 Facts :   The plaintiff was thrown from his automobile because of an alleged defect of the door latch, which resulted in his death. There was evidence that suggested the driver did not use the shoulder harness system, did not lock the door and that he was intoxicated. Procedural History : The jury found for the Defendant. Issues : Whether the principle of comparative negligence should apply to strict products liability actions? Holding (and Judgment ): (Reversed) Yes. The court held that a system of comparative fault should be extended to actions founded on strict liability. In such cases, the defense of assumption of risk to the extent that it is a form of contributory negligence is abolished. Rule of Law: The court ruled that comparative negligence can be applied in strict products liability cases to reduce a plaintiff’s recovery. Reasoning
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  • Fall '14
  • Marie Boyd
  • Tort Law, Product liability, Supreme Court of California, strict products

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