PRODUCT LIABILITY OVERVIEW
California has a strong public policy that protects consumers against dangerous products placed into the “stream of commerce.”
A manufacturer, distributor, or retailer is responsible for injuries caused by a defect in the manufacture or design of a product when the injury occurs when the product is being used in a reasonably foreseeable way. See Soule v. GM Corp. (1994) 8 Cal.4th 548, 560. It is important to realize that responsibility is not limited to the manufacturer but includes distributors and retailers or anyone identifiable as ‘an integral part of the overall producing and marketing enterprise’ is subject to strict liability.” See Arriaga v. CitiCapital Commercial Corp. (2008) 167 Cal.App.4th 1527, 1534.
Strict liability is premised on a theory that the manufacturer knows that the product will be used without inspection for defects and any defects that exist may cause injury to a human being… The purpose of strict liability is to insure that the costs of injuries resulting from defective products are borne by those who put defective products on the market rather than by the injured persons who are powerless to protect themselves. See Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57, 62—63.
Strict product liability has been invoked for three types of defects:
Inadequate Warnings / Failures to Warn.
Product liability law is highly complex. If you or someone you know suffers an injury that results from a product defect, you should contact an attorney to discuss your rights and options.