California, United States of America
The following excerpt is from Horton v. Endocare, Inc., B265724 (Cal. App. 2016):
"'The elements of a strict products liability cause of action are a defect in the manufacture or design of the product or a failure to warn, causation, and injury.' [Citations.] Plaintiff must ordinarily show: '" (1) the product is placed on the market; (2) there is knowledge that it will be used without inspection for defect; (3) the product proves to be defective; and (4) the defect causes injury . . . ."' [Citation.]" (Nelson v. Superior Court (2006) 144 Cal.App.4th 689, 695, italics omitted.) Here, plaintiffs' strict liability cause of action was premised upon all three possible theories: manufacturing defect, design defect, and failure to provide adequate warning.
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1. Manufacturing defect
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