In Buell-Wilson v. Ford Motor Company (2006) 141 Cal.App.525 [Buell-Wilson (I)], the California Court of Appeal, Fourth District, held that, in a strict automotive product liability case, a “manufacturer cannot defend a product liability action with evidence it met its industry's customs or standards on safety.”
Uncertainty in Admissibility of Comparative Product Evidence Under CA Law
A recent CA opinion categorically precludes a manufacturer from proving by statistical evidence that its vehicle performs more safely than its peers, concluding that statistical comparative-safety evidence is inadmissible industry custom and practice.
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