California, United States of America
The following excerpt is from Saller v. Crown Cork & Seal Co., Inc., 115 Cal.Rptr.3d 151, 187 Cal.App.4th 1220 (Cal. App. 2010):
In Cavers v. Cushman Motor Sales, Inc. (1979) 95 Cal.App.3d 338, 157 Cal.Rptr. 142, the court considered whether a product could be defective solely based upon a failure to warn of risks in using the product. The plaintiff contended a golf cart that had been otherwise properly manufactured was defective due to its propensity to tip over when turning because of the absence of a manufacturer's warning of this propensity. The plaintiff presented no evidence that the cart was defective in design or manufacture. ( Id. at pp. 341-342.) Cavers noted in the case of a failure to warn, the jury must decide "whether a product flawlessly designed and produced may be nevertheless possess such risks to the user without a suitable warning that it becomes 'defective' simply by the absence of a warning." ( Id. at pp. 346-347, 157 Cal.Rptr. 142.)
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