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Daly v. General Motors Corp, Supreme Court of California, 1978Facts:The plaintiff was thrown from his automobile because of an alleged defect of thedoor latch, which resulted in his death. There was evidence that suggested the driver didnot 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 productsliability actions?Holding (and Judgment):(Reversed) Yes.The court held that a system of comparativefault should be extended to actions founded on strict liability.In such cases, the defense ofassumption 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 productsliability cases to reduce a plaintiff’s recovery.Reasoning
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Tort Law,Product liability,Supreme Court of California,strict products