Consumer Law
Mar. 25, 2024
Is it time to re-think the consumer expectation test in liability defect cases?
Manufacturers, especially vehicle manufacturers, should be able to present any evidence that shows there was no defect in the product design, and ordinary lay jurors cannot be presumed to know how a product will perform in a serious accident.
In California, “[t]rial by jury is an inviolate right and shall be secured to all.” Cal. Const., Art. I, § 16. Moreover, parties have a fundamental right to present evidence on their behalf to a jury. Elkins v. Superior Court, 41 Cal. 4th 1337, 1357, 1359 (2007). Seems straightforward but doesn’t paint the full picture for some civil defendants in California.
For instance, if a plainti...
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