PRODUCTS LIABILITY: CONSUMER EXPECTATION TEST
Saller v. Crown Cork & Seal Company, Inc., (Second District, August 27, 2010) 187 Cal.App.4th 1220, 115 Cal.Rptr.3d 151, 10 Cal. Daily Op. Serv. 11,333, 2010 Daily Journal D.A.R. 13,636
The heirs and estate of a man who died of mesothelioma filed an action for wrongful death against several asbestos manufacturers under various theories of products liability. The plaintiffs alleged that the decedent’s disease had been caused by his exposure decades earlier to asbestos-containing products, while at work and while using home repair products.
Following a jury verdict in favor of the defendants the plaintiffs appealed, contending that the trial court had erred in refusing to instruct the jury with CACI 1203, the consumer expectations test. The court of appeal reversed, rejecting the defendants’ contention that the consumer expectations test did not apply because no one knew of the dangers of asbestos at the time the plaintiff was exposed:
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