Products Liablity - Held Not to Be Error to Refuse to Instruct the Jury That Plaintiff Must Establish That the Defective Condition of the Product Made It Unreasonably Dangerous to the User Or Consumer - Cronin v. J.B.E. Olson Corp., 8 Cal.3d 121, 501 P.2d 1153, 104 Cal. Rptr. 433 (1972)
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Authors
King Frederick R.
Issue Date
1973
Type
Journal Article
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Abstract
INTRODUCTION|The Supreme Court of California in Cronin v. J. B. E. Olson Corporation held that it was not error to submit to the jury a definition of strict liability which failed to include the element that the defect found in the product be "unreasonably dangerous." The court refused defendant's instruction which provided in pertinent part: "Plaintiff has burden of proving: ... (2) That the defective condition made it unreasonably dangerous to the user or consumer .... ", The defendant in phrasing this instruction had relied upon the terminology of section 402A of the Restatement (Second) of Torts (Restatement or 402A) which deals with strict liability...
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Citation
6 Creighton L. Rev. 434 (1972-1973)
Publisher
Creighton University School of Law