Morris Polich & Purdy LLP
Products Liability ALERT

A manufacturer’s compliance with industry standards may provide some protection against strict products liability design defect claims. Manufacturers facing a strict products liability design defect claim can feel some measure of comfort from a decision earlier this year in Howard v. Omni Hotels Management Corporation (2012) 203 Cal.App.4th 403, 136 Cal.Rptr.3d 739, where the California Court of Appeal ruled that a manufacturer’s compliance with industry standards and regulations can be relevant to the issue of defective design, in light of all other relevant circumstances, even if such compliance is not a complete defense. However, this ruling should be balanced with another decision out of the 9th Circuit last year in Oswalt v. Resolute Industries, Inc., 642 F.3d 856 (2011), in which the Court did not give much weight to a manufacturer’s compliance with industry safety standards.

To view the full article on this topic, click HERE. You can also view the Howard decision HERE, and the Oswalt decision HERE. If you have any questions, please do not hesitate to contact me, or alternatively Matthew Marshall, or any Morris Polich & Purdy LLP attorney in the Products Liability Practice Group.

Sincerely,

Sue S. Junn
Attorney at Law
213.417.5188
sjunn@mpplaw.com

Morris Polich & Purdy LLP
1055 West Seventh Street
Twenty Fourth Floor
Los Angeles, CA 90017
Tel: 213.891.9100
www.mpplaw.com

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