Perspective
Jan. 28, 2016
New test for strict liability lawsuits
Until last week, most California courts have held parties in a strict product liability action can never use a competitor's product to prove or deny that the challenged product is defective. By Victor Jih and Molly Russell
Until last week, most California courts have held parties in a strict product liability action can never use a competitor's product to prove or deny that the challenged product is defective. A few courts, on the other hand, suggested parties can always use such evidence. Kim v. Toyota Motor Corp. offers a new rule in favor of case-by-case admissibility: Evidence of industry custom and practice ...
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