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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Becker v. IRM Corp., 698 P.2d 116 (1985)

Citation
Becker v. IRM Corp., 698 P.2d 116 (1985)
Parent Document
Becker v. IRM Corp., 698 P.2d 116 (1985)
Jurisdiction
California (state)
Effective Date
1985-04-29

Other Sections in This Document (238)

Full Text

1,117 chars
The strict liability doctrine also “ ‘requires a manufacturer to foresee some degree of misuse and abuse of his product, either by the user or by third parties, and to take reasonable precautions to minimize the harm that may result from misuse and abuse. . . ” (Buccery v. General Motors Corp., supra, 60 Cal.App.3d 533, 546; Self v. General Motors Corp. (1974) 42 Cal.App.3d 1, 7 [116 Cal.Rptr. 575].) Strict liability should not be imposed upon a manufacturer when injury results from a use of its product that is not reasonably foreseeable. (Cronin v. J.B.E. Olson Corp., supra, 8 Cal.3d 121, 126; Self, supra, at p. 7.) But as the court acknowledged in Cronin, supra: “The design and manufacture of products should not be carried out in an industrial vacuum but with recognition of the realities of their everyday use.” (Id., at p. 126; Buccery, supra, at p. 546; Self, supra, at p. 7.) The prospect of liability for injuries resulting from foreseeable abuse and misuse “keeps the manufacturer on his toes and thereby serves a socially useful purpose.” (Self v. General Motors, supra, 42 Cal.App.3d at p. 8.) []”