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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

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In evaluating the adequacy of a product's design pursuant to these standards, a jury may consider, among other relevant factors: the gravity of the danger posed by the challenged design; the likelihood that such danger would occur; the mechanical feasibility of a safer alternative design; the financial cost of an improved design; and the adverse consequences to the product and the consumer that would result from an alternative design. (Barker v. Lull Engineering Co., supra, 20 Cal.3d 413, 431; Horn v. General Motors Corp. (1976) 17 Cal.3d 359, 367 [131 Cal. Rptr. 78, 551 P.2d 398]; Southern Cal. Edison Co. v. Harnischfeger Corp. (1981) 120 Cal. App.3d 842, 854 [175 Cal. Rptr. 67].) The cases have recognized the "need to `weigh' competing considerations in an overall product design, in *479 order to determine whether the design was `defective.'" (Daly v. General Motors Corp., supra, 20 Cal.3d 725, 746, italics added.)