What is the test for determining whether a product is defective for strict liability purposes?
California, United States of America
The following excerpt is from Curtis v. State of California ex rel. Dept. of Transportation, 128 Cal.App.3d 668, 180 Cal.Rptr. 843 (Cal. App. 1982):
Respondent White's contention on cross-appeal flows from the fact that although the jury was properly instructed on both alternative tests for determining whether a product is defective for strict liability purposes pursuant to Barker v. Lull Engineering Co., supra, 20 Cal.3d 413, 143 Cal.Rptr. 225, 573 P.2d 443, one of the tests was omitted from the special jury verdict form. The tests in Barker were enunciated as follows:
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