What is the burden of proof for a product liability claim?

MultiRegion, United States of America

The following excerpt is from Diviero v. Uniroyal Goodrich Tire Co., 114 F.3d 851 (9th Cir. 1997):

Appellants' claim that the district court abused its discretion by imposing a burden of proof higher than is required by Arizona law for strict products liability claims is meritless. The district court only required appellants to prove, sufficient to allow a trier of fact to reasonably infer it more probable than not, that the tire was defective and unreasonably dangerous. This is the correct standard of proof. See Dietz v. Waller, 141 Ariz. 107, 685 P.2d 744, 747 (1984); Restatement (Second) of Torts, 402A (1965).

Other Questions


Does the burden of proving a claim against a party be burdens of proof? ("New York", United States of America)
What is the burden of proving that a claim is a claim that is not a fact? (MultiRegion, United States of America)
What is the burden of proof for a delay in making a claim for disability benefits? (Canada (Federal), Canada)
What is the burden-shifting and enhanced burden of proof of a fiduciary relationship? (MultiRegion, United States of America)
What is the burden of production and proof shifted to a defendant in a criminal case? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
What is the burden of a Commissioner in determining whether a claimant bears the burden at step five of a disability claim? (MultiRegion, United States of America)
What is the burden of proof and what is the threshold of proof? (Canada (Federal), Canada)
In a strict products liability action, can a plaintiff allege that the product is defective because of a mistake in manufacturing, or because of improper design? (MultiRegion, United States of America)
What is the burden of proof and the evidential burden in medical malpractice cases? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.