WebMar 31, 2005 · (following Daly v. General Motors Corp., 20 Cal. 3d 725, 144 Cal. Rptr. 380, 575 P.2d 1162, 1167 (1978)). The court also rejected the argument that, if comparative negligence is merged with strict products liability, the manufacturer's incentive to produce safe products will be undermined. WebGeneral Motors Corp. Brief. CitationDaly v. General Motors Corp., 20 Cal. 3d 725, 575 P.2d 1162, 144 Cal. Rptr. 380, 1978 Cal. LEXIS 199 (Cal. 1978). Brief Fact Summary. …
Daly v. General Motors Corp.:1
Web(Daly v. General Motors Corp., supra, 20 Cal.3d at p. 733.) 4. Conclusion We reaffirm that a product manufacturer generally may not be held strictly liable for harm caused by another manufacturer’s product. The only exceptions to this rule arise when the defendant bears some direct responsibility for the harm, WebDaly v. General Motors Corp. Supreme Court of California, 1978 20 Cal.3d 725, 575 P.2d 1162, 144 Cal.Rptr. 380 Facts The Decedent was thrown from his automobile because of an alleged defect of the door latch, resulting in his death. Evidence suggested the driver did not use the shoulder harness system, did not lock the door and that he was intoxicated. ... flip creation
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WebSee Daly v. General Motors Corp. (1978), 20 Cal. 3d 725, 575 P.2d 1162, 144 Cal. Rptr. 380 (Jefferson and Mosk, JJ., dissenting). Although it appears theoretically difficult to balance the defendant's strict liability against the user's negligence, other courts and their juries have been able to do so. In *117 this regard, Professor Schwartz said: WebApr 26, 1995 · The Court subsequently held that principles of comparative fault also apply in strict liability cases. (Daly v. General Motors Corp. (1978) 20 Cal.3d 725, 144 Cal.Rptr. 380, 575 P.2d 1162.) In Daly, the family of a man killed in a single-car accident brought a strict products liability action against GM and others. Defendants were permitted to ... WebGeneral Motors Corporation (Okla. 1974) 521 P.2d 1353, the Oklahoma Supreme Court refused to apply a comparative negligence statute to products liability because it … greater works live