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4. That the product was used, or misused, in a way that was reasonably foreseeable to the defendant.
5. They were harmed; and
6. That the product's failure to perform safely was a substantial factor in causing them harm.
Under California law, the consumer expectation test is reserved for cases in which the everyday experience of the product's users permits a conclusion that the product's design violated minimum safety assumptions, and is thus defective regardless of expert opinion about the merits of the design.
In determining whether a product's safety satisfies the consumer expectation test, the jury considers the expectations of a hypothetical reasonable consumer, rather than those of the particular plaintiff in the case.
State-of-the-art evidence is not relevant when the plaintiff relies on a consumer expectation theory of design defect.
Disclaimer:
This article is not legal advice. This article is simplistic in order to achieve clarity. The circumstances of your case may vary from those described herein. The foregoing legal discussion is based upon California Product Liability Law. If you are a seriously injured by a product you should consult with a product liability lawyer. Finally, whenever you bring a court claim for money damages your credibility is always at issue. Always tell the truth. If the jury believes you are not being straight with them - you will lose. Be sure to hire an honest trial lawyer.
The Turley Law Firm
626 Broadway, Suite 625
San Diego, CA 92101
Phone: (619) 234-2833
Fax: (619) 234-4048
Toll Free: 866-963-0540
The San Diego, California personal injury law firm of The Turley Law Firm serves clients across Southern California area. We give you straight talk about your legal options. We have handled cases from San Diego to Imperial Beach to Oceanside to Escondido to El Cajon, everywhere in between, such as: Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, Coronado, Del Mar, Eastlake, Encinitas, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, National City, Naval Station San Diego, North Island, North County, Pacific Beach, Point Loma, Port of San Diego, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San Diego Harbor, Santee, Solana Beach, South Bay, Spring Valley, Vista.
We handle cases across California, including: Riverside County, San Bernardino County, Orange County, Imperial County, Los Angeles County, and Ventura County, Colorado River, Mexico, Cabo, Pacific Ocean and all the Oceans and waterways across California and the World.
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The Turley Law Firm, APLC
625 Broadway, Suite 625
San Diego, CA 92101
Phone: 619-234-2833
Fax: 619-234-4048
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