Nichols Ex Rel. Nichols v. Union Underwear Co.

I agree with the opinion of the majority as far as it goes. However, the opinion leaves the law in products liability design defect cases amorphous. It fails to identify the gut issue.

I believe that whether a design is unreasonably dangerous must be determined by a social utility standard — risk versus benefit. If the benefits to be gained by the consuming public outweigh the risks of danger inherent in a particular design, such a product cannot be “unreasonably dangerous.” See Barker v. Lull Engineering Co., Inc., 20 Cal.3d 413, 573 P.2d 443, 143 Cal.Rptr. 225 (1978); Bowman v. General…