In strict products liability cases
, manufacturers are held to be strictly liable for their products when their defective designs injure people. While strict products liability is concerned with the nature of the products themselves and not the negligence of the manufacturers, evidence of the practices of others in the industry may be admissible for certain limited purposes as was found by the California Supreme Court in Kim v. Toyota Motor Corp.
, Cal. Supreme Court No. S232754 (2018).
Factual and procedural background of the case
On April 10, 2010, William Jae kim was driving a 2005 Toyota Tundra in the rain on the Angeles Forest Higwhay in the mountains. As he descended through a righthand curve at a speed of 45 to 50 mph, Kim saw another motorist who was driving in the opposite direction cross the center line into his lane. In an effort to avoid a collision, Kim steered right, left and then right again. These steering maneuvers forced Kim to lose control of his truck, and it ran off of the road and down a cliff before it came to a rest. Kim suffered severe spinal cord injuries which left him suffering from quadriplegia.