1200. Strict Liability - Essential Factual Elements

[Name of plaintiff] claims that [he/she] was harmed by a product [distributed/manufactured/sold] by [name of defendant] that:

[contained a manufacturing defect;] [or]

[was defectively designed;] [or]

[did not include sufficient [instructions] [or] [warning of potential safety hazards].]

Sources and Authority

The Supreme Court has stated the doctrine of strict products liability as follows: "A manufacturer, distributor, or retailer is liable in tort if a defect in the manufacture or design of its product causes injury while the product is being used in a reasonably foreseeable way." (Soule v. General Motors Corp. (1994) 8 Cal.4th 548, 560 [34 Cal.Rptr.2d 607, 822 P.2d 298], internal citations omitted.)

"Strict liability has been invoked for three types of defects— manufacturing defects, design defects, and 'warning defects,' i.e., inadequate warnings or failures to warn." (Anderson v. Owens-Corning Fiberglas Corp. (1991) 53 Cal.3d 987, 995 [281 Cal.Rptr. 528, 810 P.2d 549].)

The doctrine was originally stated as follows: "A manufacturer is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a defect that causes injury to a human being. . . . The purpose of such liability is to insure that the costs of injuries resulting from defective products are borne by the manufacturers that put such products on the market rather than by the injured persons who are powerless to protect themselves." (Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57, 62-63 [27 Cal.Rptr. 697, 377 P.2d 897].)

Strict products liability applies to manufacturers, distributors, lessors, and bailors. (Price v. Shell Oil Co. (1970) 2 Cal.3d 245, 251-252 [85 Cal.Rptr. 178, 466 P.2d 722].)

Secondary Sources

6 Witkin, Summary of California Law (9th ed. 1988) Torts, §§ 1241-1249

California Products Liability Actions, Ch. 2, Liability for Defective Products, § 2.10 (Matthew Bender)

40 California Forms of Pleading and Practice, Ch. 460, Products Liability, § 460.11 (Matthew Bender)

19 California Points and Authorities, Ch. 190, Products Liability (Matthew Bender)

(New September 2003)