What is the burden of proving alternative designs to a claim for damages against a manufacturer for a defective design?

California, United States of America


The following excerpt is from Bernal v. Richard Wolf Medical Instruments Corp., 221 Cal.App.3d 1326, 272 Cal.Rptr. 41 (Cal. App. 1990):

We begin with Baker v. Chrysler Corp. (1976) 55 Cal.App.3d 710, 127 Cal.Rptr. 745. There the court stated: "Requiring an injured plaintiff who [221 Cal.App.3d 1331] 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." (Id., at p. 716, 127 Cal.Rptr. 745.) Thus, held the court, the burden was upon the injured plaintiff to establish that reasonable alternative designs are possible.

Other Questions


Is there sufficient evidence to support a claim for lost income capacity damages in a case where the claim is for damages from a private practice that a plaintiff never opened? (California, United States of America)
What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums? (California, United States of America)
What is the burden of proving the availability of a reasonable alternate design? (California, United States of America)
What is the burden of proving that a party has made a mistake in making a claim for damages? (California, United States of America)
Does the doctrine of strict liability apply to the manufacture of an automobile in which defective design or manufacture caused a fire? (California, United States of America)
What is the burden of proving that a tenant met his burden of demonstrating that he met his probability of prevailing on a claim under section 425.16? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
What is the burden of proving a defendant's financial condition in a claim for punitive damages? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
What is the test for determining whether a claim or claim arising from a motor vehicle accident is a claim for damages arising from an accident? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.