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Expert Analysis

A New Approach To Industry Custom Evidence In California

By Alan Lazarus (September 5, 2018, 2:41 PM EDT) -- In Kim v. Toyota Motor Corp.,[1] the California Supreme Court broke with 40-plus years of intermediate court of appeal precedents barring manufacturers from using evidence of their compliance with industry custom and practice to prove their design was not defective. Rather, the court held, such evidence is no longer categorically inadmissible, but neither is it categorically admissible. Admissibility depends on the nature of the evidence and the purpose for which it is offered....

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