Torts (Products Liability)

Barker v. Lull Engineering Co., Inc. — Study Notes

Barker v. Lull Engineering Co., Inc., 20 Cal. 3d 413, 573 P.2d 443, 143 Cal. Rptr. 225 (Cal. 1978)

Study notes for Barker v. Lull Engineering Co., Inc.: professor notes, cold call prep, exam angles, and memory aids.

A design defect in a strict products liability action in California is proven using a dual-test framework: the consumer expectation test and the risk-benefit test, with a burden shift to the manufacturer upon showing causation.
Professor Notes

In Barker v. Lull Engineering Co., the California Supreme Court updated the standard for proving design defects in strict products liability cases. The court adopted a dual-test framework comprising of the consumer expectation test and the risk-benefit test. Notably, it emphasized that once causation is established, the burden of proof shifts to the manufacturer to demonstrate that the design is safe. This case is critical in shaping how product liability cases are litigated in California and highlights the need for manufacturers to consider the practical implications of their designs on user safety.

Moreover, the court's decision to reject the requirement for the plaintiff to prove that a product is 'unreasonably dangerous' simplifies the plaintiff's burden while increasing accountability for manufacturers. The implications of this ruling extend beyond this case, affecting future cases involving similar product liability issues by establishing a clearer path for plaintiffs to follow in claiming damages.

Cold Call Prep
  1. 1What are the two tests established in Barker v. Lull Engineering for design defects?
  2. 2How does the risk-benefit test function in product liability cases?
  3. 3Explain how the burden of proof shifts to the manufacturer after causation is established.
  4. 4What did the court say about the term 'unreasonably dangerous' in relation to products liability?
  5. 5Discuss the significance of the dual-test framework in shaping product liability law.
Mnemonic Device

Dual Standards: Expect Risk, Shift Burden - a reminder of the consumer expectation and risk-benefit tests along with the burden shift to the manufacturer.

Distinguish From
CaseDistinction
Greenman v. Yuba Power Products, Inc.In Greenman, the court focused primarily on the concept of strict liability generally, whereas Barker clarifies the specific tests applicable to design defects.
Design Defect Cases in Other JurisdictionsDifferent jurisdictions may have different standards for proving design defects, such as the 'reasonable alternative design' test, which is not utilized under California's dual-test framework.
Policy Arguments

For the Rule

The dual-test framework promotes consumer safety by holding manufacturers accountable for design defects that they can prevent, thus encouraging innovation in safer product designs.

Against the Rule

Critics argue that this framework could lead to excessive litigation against manufacturers and stifle industry innovation due to fear of financial liability from lawsuits.

Class Discussion Points
  • Should the burden of proof always shift to the manufacturer once causation is established?
  • How do consumer expectations influence product design and safety standards?
  • What are the broader implications of this ruling for both consumers and manufacturers in California?
Exam Angle

This case is often used in exams to discuss the evolution of design defect standards and the burden of proof in product liability cases. Be prepared to analyze the implications of the dual-test framework and how it affects manufacturer liability.

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