Also known as: unreasonably dangerous product · defective condition
Written by attorneys · grounded in primary & secondary sources — see below
A condition or product feature that poses a risk of harm exceeding that which would be contemplated by an ordinary consumer possessing common knowledge about its characteristics. The standard distinguishes inherent or known risks from those that render the item defective for strict liability purposes.
Ultimate Solutions sold a lighting rig to a concert promoter. The rig detached from its mounts during normal use and injured a ticket holder. The failure occurred without any post-sale alteration by the promoter, establishing that the mounting components created a risk beyond ordinary consumer expectations.
Union Steel opened its facility to the public for a safety tour. It permitted an independent contractor to perform welding without barriers or warnings. A visitor suffered burns when sparks ignited nearby materials, showing that the possessor failed to guard against the contractor's dangerous condition.
Select any source to read its text and confirm it supports the definition.
A university left a chemistry prep room unlocked during a campus festival despite knowing of prior student horseplay with lab chemicals. An undergraduate mixed substances and released fumes that sickened a visiting high school student. The open access created a risk of foreseeable negligent misuse by third parties.
A driver purchased a sports utility vehicle marketed for on-road use. The vehicle overturned on a paved highway due to its high center of gravity. The design exposed users to a rollover risk greater than ordinary drivers would expect from a passenger vehicle.
A landlord leased an apartment building containing corroded balcony railings invisible on casual inspection. A tenant leaned on a railing that collapsed. The condition posed a danger beyond what a reasonable tenant would anticipate from a properly maintained rental unit.
An automaker equipped certain models with manual seat belts rather than airbags to meet a federal minimum. A driver suffered enhanced injuries in a collision because the chosen restraint system left the vehicle without passive protection. The design decision created a risk exceeding ordinary consumer expectations for crash safety.
It excludes products whose inherent risks are commonly known, such as the intoxicating effect of whiskey or the cholesterol risk of butter. Liability attaches only when the danger exceeds ordinary consumer expectations based on community knowledge.
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Yes. A possessor of land open to the public owes a duty to protect entrants from unreasonably dangerous conditions created by independent contractors. The same concept measures whether a premises hazard exceeds ordinary expectations.
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The product or condition must be dangerous to an extent beyond that contemplated by the ordinary consumer with common knowledge of its characteristics. This expectation test establishes the baseline for when a risk becomes unreasonable.
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…a duty of care to all persons who are foreseeably endangered by his conduct, with respect to all risks which make the conduct unreasonably dangerous." ( Rodriguez v. Bethlehem Steel Corp. (1974) 12 Cal.3d 382, 399 [115 Cal. Rptr. 765, 525 P.2d 669]; Dillon v. Legg, supra, 68 Cal.2d 728, 739; Weirum v. RKO General, Inc. (1975) 15…