What is the test for liability and negligence in a motor vehicle accident?
California, United States of America
The following excerpt is from Bridgestone/Firestone, Inc. v. Superior Court, 7 Cal.App.4th 1384, 9 Cal.Rptr.2d 709 (Cal. App. 1992):
To prevail on their strict liability and negligence allegations, real parties must prove that a deficiency in the tire caused the accident. And, it is [7 Cal.App.4th 1394] not enough that they show a "subsequent accident or shattering of the equipment"; they must also demonstrate that the product was in a defective condition when it left the manufacturer. (McCurter v. Norton Co. (1968) 263 Cal.App.2d 402, 407, 69 Cal.Rptr. 493.)
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