Not long ago we published a blogpost, “New California Ranitidine Litigation Order Makes A Huge Mess Of Everything” about a California trial court decision that created, out of whole cloth, what it called a “hybrid theory” of strict liability that jumbled together elements of the long-established – and long separate – concepts of design and manufacturing defect, while sprinkling in the negligence concept of intent. See In re Rantidine Cases, 2025 WL 2796831 (Cal. Super. Sept. 15, 2025). As a result, the court allowed a “manufacturing” defect that was uniform across all units of the product, because it construed plaintiffs’ attack on the defendants’ manufacturing processes as a manufacturing defect.
In this post we will attempt to describe just how far out of bounds this “hybrid theory” really is.Continue Reading California Design vs. Manufacturing Defects – Neer the Twain Shall Meet