What is the burden of proving the availability of a reasonable alternate design?

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):

3 As noted previously Barker v. Lull Engineering Co., supra, 20 Cal.3d 413, 143 Cal.Rptr. 225, 573 P.2d 443, did not alter the need for demonstrating the availability of reasonable alternate design, but simply shifted to defendant the burden of proving the unreasonableness of requiring an alternative in terms of such items as cost of producing the alternative product.

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