Contemporary Business Law 8th Edition by Henry Cheeseman

تمرين 9

Crashworthiness Doctrine One night Verne Prior, while driving on U.S. 101 under the influence of alcohol and drugs at speeds of 65 to 85 miles per hour, crashed his auto­mobile into the left rear of a Chevrolet station wagon stopped on the shoulder of the freeway because of a flat tire. Christine Smith was sitting in the passenger seat of the parked car when the accident occurred. In the crash, the Chevrolet sta­tion wagon was knocked into a gully, where its fuel tank rup­tured. The vehicle caught fire, and Smith suffered severe burn injuries. The Chevrolet station wagon was manufactured by General Motors Corporation. Evidence showed that the fuel tank was located in a vulnerable position in the back of the station wagon, outside the crossbars of the frame. Evidence further showed that if the fuel tank had been located under­neath the body of the station wagon, between the crossbars of the frame, it would have been well protected in the col­lision. Smith sued General Motors for strict liability. Is the Chevrolet station wagon a defective product? Smith v. General Motors Corporation , 42 Cal.App.3d 1, 116 Cal.Rptr. 575, Web 1974 Cal.App. Lexis 1199 (Court of Appeal of California)