CACI No. 1202. Strict Liability - “Manufacturing Defect” Explained

Judicial Council of California Civil Jury Instructions (2022 edition)

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1202.Strict Liability - “Manufacturing Defect” Explained
A product contains a manufacturing defect if the product differs from
the manufacturer’s design or specifications or from other typical units of
the same product line.
New September 2003
Sources and Authority
The Supreme Court has defined a manufacturing defect as follows: “In general, a
manufacturing or production defect is readily identifiable because a defective
product is one that differs from the manufacturers intended result or from other
ostensibly identical units of the same product line.” (Barker v. Lull Engineering
Co. (1978) 20 Cal.3d 413, 429 [143 Cal.Rptr. 225, 573 P.2d 443].)
“[A] defective product is viewed as one which fails to match the quality of most
like products, and the manufacturer is then liable for injuries resulting from
deviations from the norm . . . .” (Jiminez v. Sears, Roebuck & Co. (1971) 4
Cal.3d 379, 383 [93 Cal.Rptr. 769, 482 P.2d 681].)
Secondary Sources
6 Witkin, Summary of California Law (11th ed. 2017) Torts, § 1644 et seq.
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