eBook details
- Title: Wilson v. Piper Aircraft Corp.
- Author : 24704 Supreme Court of Oregon SC Nos. 24703
- Release Date : January 23, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
[282 Or Page 413] In our original opinion in this products liability case we held that a prima facie case of design defect must include evidence which would permit a finding that a safer design would have been practicable. We pointed out that we had not found any cases in which this aspect of plaintiffs' prima facie case had been carefully considered. Plaintiffs' petition for rehearing brings to our attention a recent decision of the California Supreme Court which holds that a plaintiff's case is sufficient if it shows an injury caused by the defendant's design. Defendant then has the burden of proving that the product was not defective, that is, that the benefits of the challenged design feature outweighed its dangers. Barker v. Lull Engineering Co., Inc., 20 Cal3d 413, 143 Cal Rptr 225, 573 P2d 443 (1978). We have considered that decision and do not find it persuasive.