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Sparks v. Owens-Illinois, Inc.

Court of Appeals of California

38 Cal. Rptr. 2d 739 (1995)

Relevant factsFree

Charles Sparks (plaintiff) developed mesothelioma from prolonged exposure to Owens-Illinois's (defendant) asbestos-containing Kaylo insulation while decommissioning a Navy ship; the jury, instructed to apply the consumer-expectations test, found Owens-Illinois 100% liable for his injuries.

IssueFree

Whether, under the consumer-expectations test, a manufacturer may be held strictly liable for products liability based on a design defect that caused the product to fail to perform as safely as an ordinary consumer would expect when the product is used in an intended or reasonably foreseeable manner.

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