Industry Custom Evidence Held Admissible In CA Product Liability Case Based On Defective Design

A recent California appellate decision, Kim v. Toyota Motor Corp, if upheld by the California Supreme Court, could change the landscape in the admissibility of industry custom and practice evidence in strict products liability design defect cases. The appellate court held that such evidence may be admissible as part of the risk-benefit analysis in those types of cases – an avenue generally closed to defendants. As such, the California Supreme Court decision will be closely examined by product liability practitioners.  

In this article, we contrast the evidentiary requirements in negligence vs. strict liability claims, review the two alternative tests for identifying a design defect and the standard for admissibility of industry custom and practice under both tests, analyze the appellate ruling in Kim, and discuss circumstances where industry custom and practice evidence may be admissible under the approach adopted by that case.