Bresnahan v. Chrysler Corp

In Bresnahan v. Chrysler Corp. (1995) 32 Cal.App.4th 1559, the plaintiff sued an automobile manufacturer for injuries sustained when her driver's side air bag deployed in a low-speed, rear-end collision, forcing her elbow to crash against the windshield's side pillar. The plaintiff sought to prove the air bag, in conjunction with the placement of the windshield, was defectively designed because the product failed to perform as safely as an ordinary consumer would expect under the circumstances. At trial, the court refused to allow plaintiff to proceed under a consumer expectation theory. Division Two of our court reversed, holding that "an ordinary consumer is . . . equipped to form expectations of the safety of a car with an air bag in a minor rear-end collision" and that, on the record presented, the plaintiff should have been permitted to proceed under the consumer expectation theory. ( Id. at p. 1568.)