Law Practice
Feb. 19, 2019
Having their cake and eating it too
See more on Having their cake and eating it tooThis aptly describes a situation that is becoming ever-more common in design defect cases litigated in California.
James J. Yukevich
Partner
Yukevich Cavanaugh
355 South Grand Avenue
Los Angeles , CA 90071
Phone: (213) 362-7777
Email: jyukevich@yukelaw.com
Boston Coll Law School; Newton MA
"You can't have your cake, and eat it too."
This popular common saying aptly describes a situation that is becoming ever-more common in design defect cases litigated in California: The plaintiff seeks to prove the alleged defect under the "consumer expectations" test -- which involves a lower evidentiary standard than the alternative "risk-benefits" test -- while at the same time reaping the benefi...
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