Search results
Results From The WOW.Com Content Network
A closely related test is risk-utility test. Traditionally, the risk-utility test was used for design defects, while the consumer expectation test was applied to manufacturing defects. However, some jurisdictions apply the consumer expectation test to design defects as well. See Calles v. Scripto-Tokai Corp., 2007 WL 495315 (Ill. Feb. 16, 2007).
Yuba Power Products, Inc, was a California torts case in which the Supreme Court of California dealt with the torts regarding product liability and warranty breaches. The primary legal issue of the case was to determine whether a manufacturer is strictly liable in tort when an article he places on the market proves to have a defect that causes ...
The California Consumers Legal Remedies Act ("CLRA") is the name for California Civil Code §§ 1750 et seq. [1] The CLRA declares unlawful several "methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer". [2]
Generally, the simplest way to think of the risk-utility test is the Hand Formula applied to products. The Third Restatement of the Law, Torts: Products Liability §2(b) [ 1 ] favors the risk-utility test over the Second Restatement of the Law, Torts §402(a), which favored the consumer expectations test . §2(b) states, in part, "A product is ...
Hand stated: [T]he owner's duty, as in other similar situations, to provide against resulting injuries is a function of three variables: (1) The probability that she will break away; (2) the gravity of the resulting injury, if she does; (3) the burden of adequate precautions.
You can find instant answers on our AOL Mail help page. Should you need additional assistance we have experts available around the clock at 800-730-2563. Should you need additional assistance we have experts available around the clock at 800-730-2563.
A typical example of this problem was in California consumer law, where an injured consumer previously could attempt to sue on behalf of all similarly injured consumers under the Unfair Competition Law and the Consumers Legal Remedies Act until 2004 when voters enacted Proposition 64 requiring the person filing suit to claim to be aggrieved by ...
(Currently in California, about 90,000 behind-the-wheel tests are administered every month to first-time drivers and those who might be having problems, including older drivers).