Strict product liability in California

Elements

1. 1

   Defendant in the chain

   The defendant designed, manufactured, or sold the product in the stream of commerce.

2. 2

   Defect

   The product was defective in design, manufacture, or warning when it left the defendant’s control.

3. 3

   Causation

   The defect caused the plaintiff’s injury while the product was used in a reasonably foreseeable way.

4. 4

   Damages

   Physical harm or, in some jurisdictions, specified economic loss.

Burden of proof

Preponderance of the evidence. The plaintiff generally does not have to prove negligence, but must prove a defect.

A California fact pattern

A San Jose e-bike battery pack ignites on a charge cycle. Greenman / Barker design-defect framing: the product failed to perform as safely as an ordinary consumer would expect, or the risk outweighed the benefits of the design.