CACI 1202 Strict Liability—Manufacturing Defect Explained

California Civil Jury Instructions CACI

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.

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 manufacturer’s 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.