Faegre Drinker on Products

Recap:  The background and prior post for this multi-part series can be found here.

In 1994, the California Supreme Court took up Soule v. General Motors Corp., 8 Cal.4th 548 (1994), to provide much-needed guidance as to when it is and is not appropriate to allow a jury to decide the design defect issue based on the consumer expectations test (CET). “Much-needed” may be an understatement – trial courts routinely allowed plaintiffs freely to elect what design defect standard the jury would consider, often both CET and the risk-benefit test (RBT), gaining the proverbial two bites at the apple, and the courts of appeal had not prescribed any meaningful limiting theory or principle.

Continue reading “Uncertain Expectations – California’s Long Struggle with How to Measure Defectiveness in a Product’s Design (Part 2)”

In the 50-plus years since the inception of the doctrine of strict products liability in tort, a vexing issue for product manufacturers has been how to evaluate and defend against accusations of design defect. Manufacturing defects are relatively easy to evaluate – something either did or did not go wrong on the assembly line, the product either did or did not conform to specifications. But except for the rare and extreme cases where, in hindsight, the design is so clearly misguided that no reasonable engineer would consider it safe, courts, commentators and lawyers have hotly debated the proper benchmark to judge the alleged defectiveness of an entire product line.

Manufacturers like to know what to expect. Without a concrete liability standard, they cannot confidently design their products to satisfy it, and they cannot rationally evaluate their liability exposure when they get sued. Even better for manufacturers would be a standard that actually makes sense, and is reasonably attainable.

Continue reading “Uncertain Expectations – California’s Long Struggle with How to Measure Defectiveness in a Product’s Design”