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Barker v. Lull Engineering Co.

Supreme Court of California, 1978

573 P.2d 443

Audio opinion coming soon

Brief Fact Summary

Plaintiff was injured while operating a Lull High-Lift Loader. While attempting to lift a load of lumber on uneven ground, the plaintiff lost control of the loader and as he attempted to jump to safety was struck and serioulsy injured by some falling timber.

Rule of Law and Holding

A product may be found defective in design if the plaintiff demonstrates that the product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner.