[DOWNLOAD] "Anderson V. Owens-Corning Fiberglas Corp." by Supreme Court Of California " Book PDF Kindle ePub Free

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eBook details

• Title: Anderson V. Owens-Corning Fiberglas Corp.
• Author : Supreme Court Of California
• Release Date : January 30, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 84 KB

Description

In this case we consider the issue "whether a defendant in a products liability action based upon an alleged failure to warn of a risk of harm may present evidence of the state of the art, i.e., evidence that the particular risk was neither known nor knowable by the application of scientific knowledge available at the time of manufacture and/or distribution." (Order on grant of review, May 3, 1990.) As will appear, resolution of this evidentiary issue requires an examination of the failure-to-warn theory as an alternate and independent basis for imposing strict liability and a determination of whether knowledge, actual or constructive, is a component of strict liability on the failure-to-warn theory. It is manifest that, if knowledge or knowability is a component, state-of-the-art evidence is relevant and, subject to the normal rules of evidence, admissible.

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