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Products Liability Keyed to Fischer, 6th Ed.
Barker v. Lull Engineering Co.
Citation:
573 P.2d 443, 20 Cal. 3d 413, 143 Cal. Rptr. 225 (1978)Facts
In August 1970, plaintiff Ray Barker was injured while operating a high-lift loader at a construction site at the University of California at Santa Cruz. The loader, manufactured by Lull Engineering Co. and leased to Barker’s employer, was designed to lift loads up to 5,000 pounds to a maximum height of 32 feet. Barker, who had received only limited instruction on operating the loader, was attempting to lift lumber to a height of approximately 18-20 feet on sloping terrain. During the lift, the load began to tip, causing coworkers to shout warnings. Barker jumped from the loader but was struck by falling lumber. He claimed the accident was caused by design defects including the loader’s instability due to its narrow base, lack of outriggers, absence of seat belts and roll bar, defective design of the leveling mechanism, and absence of a “park” position on the transmission. Defendants argued the loader was not defective and that the accident resulted from Barker’s inexperience or misuse of the product.
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