[DOWNLOAD] "Luque V. Mclean" by Supreme Court Of California # eBook PDF Kindle ePub Free
eBook details
- Title: Luque V. Mclean
- Author : Supreme Court Of California
- Release Date : January 17, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
In this products liability case, as in Cronin v. J.B.E. Olson Corp., ante, page 121 [104 Cal. Rptr. 433, 501 P.2d 1153], we examine the factual elements which an injured plaintiff has the burden of proving in order to obtain a recovery upon a theory of strict liability in tort. Here the precise question confronting us is whether the plaintiff must establish, among other facts, not only that the product contained a defect which proximately caused his injuries but also that he was not aware of the defect at the time of the accident. We hold that he need not do so. Accordingly, we conclude that the trial court's instruction which imposed such a burden of proof was prejudicially erroneous. We reverse the judgment.