California, United States of America
The following excerpt is from Garcia v. Joseph Vince Co., 148 Cal.Rptr. 843, 84 Cal.App.3d 868 (Cal. App. 1978):
"Requiring an injured plaintiff who seeks damages against a manufacturer on the basis of strict liability in tort for a defective design to show that alternative designs for the product could reasonably have been developed does not enlarge plaintiff's burden of proof. An injured plaintiff has always had the burden to prove the existence of the defect. The reasonableness of alternative designs, where a design defect is claimed, is part of that burden. . . ." (Baker v. Chrysler Corp., supra, 55 Cal.App.3d 710, 716, 127 Cal.Rptr. 745, 749.) 3
In the case at hand, no expert or anyone else opined that the accident was
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