What is the test for a claim for product liability and breach of warranty in a motor vehicle accident case?

California, United States of America


The following excerpt is from Kately v. Wilkinson, 148 Cal.App.3d 576, 195 Cal.Rptr. 902 (Cal. App. 1983):

We cannot conceive of any reasonable basis for applying a different rule in a cause of action for negligence than that applied in causes of action for products liability and breach of express and implied warranty. The injury complained of is as much a foreseeable consequence of the negligence of the driver on the one hand as of the defect in design and manufacture on the other. (See Shepard v. Superior Court, supra, 76 Cal.App.3d at pp. 20-21, 142 Cal.Rptr. 612.)

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